Other LEPRA

Question 1

s 9 LEPRA?
What does (1) say?

Answer 1

Police Officer may enter premises if BELIEVES on reasonable grounds

a. Breach of peace is being, likely, necessary to immediately enter to prevent, or
b. Person suffered significant physical injury, or imminent danger of same, necessary to enter immediately to prevent.
c. Body of dead person on premises and no occupier to consent to entry.

Question 2

s 9 1A?

Answer 2

Can’t enter under c without permission from Insp or above

Question 3

s 9 (2)?

Answer 3

Remain only as long as reasonably necessary in circumstances.

Question 4

s 10 LEPRA?

Answer 4

Arrest or detain someone or execute warrant.

1. Enter and stay for reasonable time on premises to arrest person or detain them under an Act, or arrest named in warrant.
2. Only enter if BELIEVES on reasonable ground person inside.
3. May search inside for person.

Question 5

s 11 LEPRA?

Answer 5

Power to get someone to disclose identity if suspect reasonable grounds at or near place indictable offence occurred.

Question 6

13A LEPRA?

Answer 6

If suspect person is AVO defendant, power to disclose ID.

Question 7

s14 LEPRA

Answer 7

Suspect reasonable grounds Veh used in commission of indictable offence

• Driver to disclose ID and ID of an driver, passenger at offence time.
• Passenger disclose ID or ID of any passenger or driver.
• Owner disclose ID of driver or passenger.

Question 8

s19?

Answer 8

Proof of ID request for ID powers.

Question 9

19A?

Answer 9

Require removal of face covering.

- IF person lawfully required to provide photo ID or identify themselves.

Question 10

Rules for when face covering removed?

Answer 10

• Ask for cooperation
• Reasonable privacy
• quickly as practicable.

Question 11

When don’t have to remove face covering?

Answer 11

Legitimate medical reason

- other reason in regs.

Question 12

Part 6 of LEPRA?

Answer 12

Sear, entry, seizure for DV

Question 13

s 82 LEPRA? (1) Justification?

Answer 13

Entry by invitation

• BELIEVES ON REASONABLE GROUNDS DV offence is being, may have been recently, imminent, likely, enter and remain if invited by person who apparently resides for;
• Investigate whether DV offence occurred
• Take action to prevent commission or further commission of DV offence.

Question 14

Effect of s 82 (2) and (3) LEPRA?

Answer 14

May not enter on invitation if refused by an occupier, HOWEVER if invitation was from someone BELIEVE to be victim, can enter even if someone else refuses entry.

Question 15

82 (3A)?

Answer 15

Remain until warrant granted. Can exercise following

• Direct person to leave, not enter
• Remove someone who fails direction
• Prevent person from leaving
• Prevent person from removing evidence or interfering with it. CAN search and detain that person.

Question 16

83 LEPRA?

Answer 16

If denied entry and suspect DV offence and necessary to enter or remain immediately, can apply for warrant,

Question 17

85 LEPRA?

Answer 17

only take action necessary to

• Investigate DV offence
• REnder aid to injured
• Exercise arrest
• prevent more DV

Question 18

What MUST police do if enter dwelling under Part 6 power?

Answer 18

Inquire as to firearms.

- IF advised there are - Must take all action to search and seize.

Question 19

How long can Police remain in dwelling under s85?

Answer 19

As long as necessary to take actions required under part 6.

Question 20

If they say no firearms and BELIEVE there are?

Answer 20

Apply for warrant, unless power exists to search and seize dangerous article.

Question 21

s 87 LEPRA?

Answer 21

Police officer enters premises under a power of LEPRA, BELIEVES on reasonable grounds
- Dangerous article or implement (not laser) is in dwelling AND
- Is being, was, may have been used in DV offence
May search for and seize it.

Question 22

When can establish crime scene? Section?

Answer 22

S90
Suspect reasonable grounds
- Offence committed in connection with death/serious injury traffic incident on premises
- Serious indictable offence on premises
- Serious indictable offence elsewhere and the premises may have evidence.

Question 23

Can establish crime scene at same premises more than once in 24 hours?

Answer 23

Not without warrant.

Question 24

When can Police exercise crime scene powers in 95(1)(a)?

Answer 24

s 92

• when scene established
• suspects reasonable grounds necessary preservation evidence

Question 25

When can exercise powers in 95(1)?

Answer 25

• Established
• Warrant applied
• suspect reasonable grounds

Question 26

s 95 time limit on CS powers?

Answer 26

4 hours

6 hours - rural

Question 27

197 LEPRA?

Answer 27

Direction public place

• BELIEVES REASONABLE GROUNDS
• obstructing person/traffic
• harassment/intimidation
• Fear person reasonable firmness
• Supplying/procuring drugs

Question 28

197 direction must be reasonable for purpose of?

Answer 28

• reduce/eliminate obstruction

- stop supply/procurement drugs

Question 29

197, person need to be in public place?

Answer 29

N, must be near that place at time relevant conduct engaged in though.

Question 30

s198 LEPRA?

Answer 30

Direction to IP to leave public place and not return for specified period if BELIEVE reasonable grounds

• Likely cause injury or damage to property, risk public safety or
• disorderly

Question 31

s198 direction must be reasonable for purpose of?

Answer 31

• preventing injury, risk pub safety

- Preventing continuance of disorderly behavior in pub place

Question 32

What warning to give for 198?

Answer 32

Offence to be intox and disorderly in public place for next 6 hours.

Question 33

201 LEPRA?

Answer 33

Part applies to searches, entry powers, seize powers, identity powers, crime scene etc.

Question 34

202 LEPRA?

Answer 34

• Evidence police officer
• Name place of duty
• Reason

Question 35

s203?

Answer 35

If giving direction, MUST give warning failure to comply is offence.