P3 SG5 Flashcards
Reportable Death.
A death must be reported to the state coroner where the following have occurred…
List 10
(UUVUU. While. While. While. When. On. CPA. MHA. SRFA. Hospital. Hospital drug addiction.)
- Unexpectedly, Unusually or by a violent, unnatural or unknown cause.
- While in custody.
- On a flight or voyage to South Australia.
- When a cause of death was not certified by a doctor.
- While the deceased was a protected person.
- While the deceased was under a custody or guardianship order under the Children’s Protection ACT.
- While the deceased was a patient in an approved treatment centre under the Mental Health Act.
- While the deceased was a resident of a licensed supported residential facility under the Supported Residential Facilities act.
- While the deceased was in a hospital or other facility being treated for a drug addiction.
- Within 24 hours of being discharged from a hospital or having sought emergency treatment at a hospital.
Coronial Investigation and the role of police
SAPOLS role in relation to a Coronial Investigation conducted by police is…
(CIDECI)
- Exhibits (safekeep property)
- determine if there are any suspicious circumstances.
- Certify that death has occurred
- Investigate the manner and cause of death
- identify the body of the deceased.
- collect and provide information to the coroner relating to the cause and circumstances surrounding the death.
Sudden death documentation
- PD63 - Coroners brief cover
- PD44 - report of death
- Identification statement / ID proforma
- Statement of last person to see deceased alive
- Statement of person finding deceased.
- Statement of investigating officer which will include life extinct details from either;
A certifying medical practitioner
SAAS patient form which has been endorsed by a SAAS paramedic certifying life extinct.
Coroners Authorities
S.83C (1) Summary offences act - Authority to enter premises
A senior police officer…
A senior police officer (inspector or above) may authorise police to:
- Enter a premises on the grounds that an occupant of the premises has died and their body is in the premises
- That an occupant of the premises is in need of medical attention or other assistance.
Dangerous driving - S.45 Road Traffic Act - Careless driving
A person must not drive….
And three distinct offences are, Driving without…?
A person must not drive a vehicle without due care or attention or without reasonable consideration for other persons using the road.
There are three very distinct offences in this section.
Driving without:
Due care
Due attention
Reasonable consideration (for other road users)
S.45A Road Traffic Act - Excessive Speed
A person who drives….
A person who drives a vehicle at a speed exceeding, by 45km/h or more, a speed limit that applies under this act or the motor vehicles act 1959 is guilty of an offence.
S.46 Road Traffic Act - Reckless and Dangerous Driving
A person must not drive…
3 distinct offences…
A person must not drive a vehicle recklessly or at a speed or in a manner which is dangerous to any person.
There are three very distinct offences in this section.
Drive recklessly
Speed dangerous
Manner dangerous
In considering whether an offence has been committed under S.46 RTA - Reckless and dangerous driving, the court must have regard to - …(4)
- The nature, condition and use of the road on whihc the offence is alleged to have been committed; and
- The amount of traffic on the road at the time of the offence; and
- The amount of traffic which might reasonably be expected to enter the road from other roads and places; and
- All other relevant circumstances, whether the same nature as those mentioned or not.
S.44B Road Traffic Act - Misuse of Motor Vehicle
A person misuses a MV if the person….
A person misuses a motor vehicle if the person -
- operates a motor vehicle so as to produce sustained wheel spin; or
- drives a motor vehicle so as to cause engine or tyre noise, or both, that is likely to disturb persons residing or working in the vicinity; or
- drives a motor vehicle onto an area of park or garden or other road related area so as to break up the ground surface or cause other damage.
S.19AD Criminal law consolidation act - Street Racing
A person who participates in a street race….
And explain what participates in a street race or preparations for a proposed street race means (3 things)
A person who participates in a street race or in preparations for a proposed street race is guilty of an offence.
A person participates in a street race or preparations for a proposed street race, if the person -
- Drives a motor vehicle in the street race; or
- Promotes, or assists in the promotion of, the street race or proposed street race in any way; or
- engages in any other conduct that assists, or is intended to assist, in the street race or proposed street race taking place.
Drink and Drug Driving (DUI and PCA)
S.47E Road Traffic Act - Police may require alcotest or breath analysis
A police office who believes…
A police officer who believes on reasonable grounds that a person -
- Is driving or has driven a motor vehicle
- Is attempting or has attempted to put a motor vehicle in motion.
- Is acting or has acted as a qualified supervising driver.
The police officer may require the person to submit to an alcotest or BA or both.
Explain Random Testing Powers
Police officer exercises random powers if they require a person to submit to an alcotest/BA or direct a person driving a motor vehicle to stop for the purpose of an Alcotest/BA, other than in Prescribed Circumstances.
What are the prescribed circumstances in relation to Alcotesting/BA testing drivers of a motor vehicle
Police officer beleives on reasonable grounds that the driver of a vehicle has within the preceeding 8 hours;
- committed an offence of a prescribed class
- behaved in a manner that indicates the driving ability is impaired
- been involved in an accident.
May require the person to submit to an Alcotest / BA or both.
S.47E Road Traffic Act - Refuse or Fail Alcotest / BA
A person must not refuse…
Defences to this section…
A person must not refuse or fail to comply with reasonable direction given by police and must not refuse or fail to comply with alcotest or BA.
Defences to this section include:
- Requirement / direction NOT lawful
- Outside time (over 8 hours)
- Instrument not produced
- Good cause (medical/physical grounds)
S.47 Road Traffic Act - Driving under the influence (DUI)
A person must not drive a vehicle…
A person must not drive a vehicle, or attempt to put a vehicle in to motion while so much under the influence of an intoxicating liquor or a drug as to be incapable of exercising effective control of the vehicle.
Explain exercising effective control
If owing to the influence of an intoxicating liquor or drug the use of any mental or physical faculty is lost or appreciably impaired.
S.47B Road Traffic Act - Prescribed concentration of alcohol (PCA)
A person must not drive a….
Explain all of the Prescribed Concentrations for all tyoes of drivers… incl L&P
Explain the Prescribed Concentration Categories (1,2,3)
A person must not drive a motor vehicle or attempt to put a motor vehicle into motion while there is present in his or her blood the prescribed concentration of alcohol.
PCA if over 0.000
- unlicensed
- disqualified / suspended
- drivers of prescribed vehicles (trucks buses taxis limos etc.)
PCA if 0.050 or over
- licensed drivers ( not in prescribed vehicle, unlicensed, disqualified or suspended )
L and P drivers
- if over 0.000 = breach of condition
- 0.050 or higher = PCA and breach of condition
Prescribed Concentration Categories
- Category 1 less than 0.080 = TIN (if A&D indicator then AP)
- Category 2 0.080 to 0.149 = AP submission
- Category 3 0.150 and higher = AP submission
S47E (5a) RTA - blood requirements for fail or refuse (good cause raised)
A person may not raise a defence for fail or refusal to comply due to physical or medical condition unles..
(3 dot points)
A blood sample is taken, or
The person made a request but -
- MPF failed to facilitate the taking of blood, or
- Medical practitioner not reasonably available
The taking of a sample was not possible, advisable or practicable.
S.47EAA RTA - Blood direction
Person submitted to an…
Person submitted to an alcotest or breath analysis as a result of a prescribed circumstance may require that person to submit to oral fluid analysis or blood test.
Good Cause and direction Blood
Police must do the following in regard to the taking of blood
(9 dot points) MPFSEEMCA
Must Facilitate Present when blood taken Form completed correctly by doctor Store sample according to LSA policy Expense of crown Enter onto PPMS Maintain chain of evidence Complete PD187 Arrange for delivery to forensic science ASAP
S 47I - Crash blood
within 8 hours of a collision a LQMP shall:
take sample of blood
if person involved is of / over 10 years old
Injured - seeks treatment at hospital
S45B RTA - ILOL for speed
If a person is given an EN for…
an offence against section 45a (excessive speed 45+)
speed camera offence RE: excessive speed 45+
A police officer may give the person a notice of licence disqualification or suspension in the prescribed form. (ILOL)
S47IAA RTA - ILOL for drink / drug driving
This section applies to the following….
Cat 2 PCA
Cat 3 PCA
Offence against 47E RTA refuse or fail to comply with alco/BA
Offence against 47EAA RTA refuse or fail to comply with drug testing or blood
Offence against 47I(14) RTA driver involved in crash refuses blood test in hospital.
S.4 Criminal Law (clamping..) regulations - prescribed offence
Impounding or clamping offences…. (try list 6 or more)
Aggrevated due care Misuse of motor vehicle Excessive speed Speed/Manner dangerous DUI PCA category 2 and 3 and 1 with an A+D warning Drug driving Marking graffiti Property damage (graffiti involved Unregistered 2nd offence Uninsured 2nd offence unlicensed never held disqualified/suspended street racing cause death/ harm by use of vehicle dangerous driving to escape police pursuit unlicensed after drink driving offence leave scene of crash where cause death/ harm
S.5 Criminal law (clamping…) act - Authority to clamp and impound
If a person…
Is to be or has been reported for a prescribed offence
Has been charged with, or arrested in relation to a prescribed offence.
Police may clamp or impound either a motor vehicle used in the offence or any motor vehicle that the person is a registered owner of.
S 86 (A) (1) CLCA - illegal use of a motor vehicle
A person who….
A person who on a road or elsewhere drives, uses or interferes with a motor vehicle without first obtaining the consent of the owner of the vehicle, Is guilty of an offence
S 68A SOA - Authority to examin vehicle used without consent
A police officer may if he or she has……
A police officer may if he or she has reasonable cause to suspect that a vehicle has been stolen or used without the consent of the owner, and is on any land or premises, enter the land or premises and search for the vehicle, and if it is found, examine it.
