P1 SG2 Flashcards
Section 75 - power to arrest
A police officer, without any warrant other than this act, at any hour of the day or night, may apprehend any person whom the member finds committing or has reasonable cause to suspect of having committed, or being about to commit an offence.
Arrest rights
.
S.74(a) - Name and address
(1) Police has RC2S of
(2) personal detail stated in response
(1) where a police officer has reasonable cause to suspect -
(a) that a person has committed, is committing or about to commit an offence or,
(b) that a perosn may be able to assist in the investigation of an offence or suspected offence.
The officer may require that person to state any or all of the persons personal details
(2) Where a police officer has RC2S that a personal detail given in response to a requiremtn under sub sect 1 is false the officer may require that person making the statement to produce evidence of the correctness of the personal detail as stated.
(3) A person who -
refuse or fails without reasonable excuse, to comply with a requirement under susbsection 1 or 2 or
(i) in a response to a requirement, states a personal detail that is false or
(ii) produces false evidence of a personal detail
IGOO.
Search in custody
Search may be carried out on a person in lawful custody using reasonable force as is reasonably necessary, by a police officer, registered nurse or medical practitioner acting on the request of a police officer and anything found on the person may be removed.
Intrusive search, only by registered nurse or medical practitioner and when a intrusive search is need the detainee must be given reasonable opportunity to arrange for the attendance, at the detainees expense, of a medical practitioner or registered nurse of thier choice to witness the search.
S.57 MHA -
Police officer beleives on reasonable grounds that the person is a patient in respect of whom -
a patient assistance request has been issued or
a patient transport request is issued or
(b) the police officer BORGs that the person is a patient who is absent without leave, or.
(c) it appears to a police officer that the person
(i) has a mental illness and,
(ii) has caused harm or there is significant risk of the person causing harm to themselves or other or property and
(iii) the person requires medical examination
What powers can police execute in relation to a MH person
a) take the person into their care and control
b) transport the person from place to place
c) restrain the person and otherwise use reasonable force in relation to the person in the circumstances
d) enter and remain in a place suspected that the person may be found
e) use reasonable force to break into a place when reasonably required to to take the person into his or her care and control.
S.24 SOA - urinate in public
A person who urinates or defecates in a public place within a town or municipality, elsewhere than in preises provided for that purpose IGOO
Criteria for arrest
Ensure court appearance
prevent the commission of other offences
Prevent to continuation/repetition of the offence
Prevent the loss/destruction of evidence.
S.78 SOA - Arrest without warrant (what must be done) (and what can if serious)
(1) A person who is apprehended without warrant must as soon as reasonable practicable be delivered into the custody of -
a) a police officer in charge of the nearest custodial police station
b) a police officer at a designated police facility.
2) if the offence is a serious offence a police officer may for the purposes of investigating the suspected offence,
a) detain the person for whichever is the lesser of -
(i) the period necessary to complete the initial investigation of the suspected offence or
(ii) 4 hours or such longer period (not exceeding 8 hours) as may be authorised by a magistrate
B) may take the person or cause him to be taken, during the course of detention to places connected with the suspected offence.
Forced entry (4) LIAR
Legislative right to enter
Intention to arrest perosn reasonably beleived to be on the premises
Authority to enter such as a warrant
Reasonable belief that a BOP is imminent or occurring on the premises.
Public Place
A place to which free access is given to the public with the express tacit consent of the owner or occupier of that place.
A place to which admission to the public is on the payment of money, the test of admission being on the payment of money only.
A road, street, alley, footway, court, thoroughfare that the public are allowed to use, not withstanding that that road, street, court, footway, alley, thoroughfare is on private property.
S.7 PIA - apprehend person under the influence
and powers to move them
Where a police officer Beleives on reasonable grounds a person who is in a public place is under the influence of a drug and that person is unable to take proper care of themselves the police officer may apprehend that person.
if a perosn has been apprehended the officer must take that person as soon as reasonably practicable to -
a) the persons place of residence if any, at which the perosn is permanently or temporarily living and realease from custody (and that there is another person willing and able to care for the person).
b) to a place for the time being approved by the minister and release form custody.
c) to a sobering up center for admission as a patient.
d) to a police station.
S124. LLA power to remove
an auhtorised person may if necessary use reasonable force to remove a person from, or prevent the entry of a person onto, licensed premises if -
a) the person is intoxicated: or
b) the person is behaving in an offensive or disorderly manner.
2) may remove the person with reasonable force if the authorised person reasonable suspects that the perosn has supplied or is about to supply, liquor to an intoxicated person.
3) if a licensee requests a police officer to exercise a power conferred by this section the police officer must do so if satisfied that the power may be exercised in relation to the person.
4) a person removed from a premises under these circumstances who re-enters the licenced premises within 24 hours of being removed, committs an offence
EPA
A person must not undertake in an activity that pollutes or might pollute the environment, unless that person takes all reasonable and practicable measures to prevent or minimise any resulting environmental harm.
