Phase 2 Exam Flashcards
What are two liquor offences?
S.10 Summary offences Act - Being drunk in a public place
S.173B liquor Act - Consumption of liquor in certain public places prohibited
What are the two PPRA offences?
S.790 PPRA - Offence to assault or obstruct police officer
S.791 PPRA - Offence to contravene direction or requirement of police officer
What are three street offences?
S.6 Summary Offences Act - Public nuisance
S.7 Summary Offences Act - Urinating in a public place
S.9 Summary Offences Act - Wilful exposure
What are benefits of case conferencing?
Fewer court events, reduction in the time to deal with matters, shorter trials, more accurate charging by police
What is case conferencing?
Case conference involved discussion between a QPS prosecutor and a defendants legal representative to overcome issues of dispute. It will only apply to charges that will be dealt with summarily (immediately)
Who can instigate case conferencing?
A defendants legal representative or the prosecutor at any stage after the court brief is delivered to prosecutions. It can only occur if the QP9 has been delivered to prosecutions, the matter involves a legally represented defendant, the matter involves an adult and the matter is to be finalised summarily.
What is the four different sections of Indicia?
Speech - eg. slurring words, difficult in paying attention, talking loudly, not understanding normal conversation, loss of train of thought
Physical - eg. Dirty clothes from vomiting and spilt drinks, person smells of alcohol, observed drinking, generally unkept appearance
Balance & coordination - eg. Unsteady on feet, staggering, cant stand, swaying uncontrollably
Behaviour - eg. Rudeness, aggression physically violent, loud & boisterous
What is BAC?
Blood alcohol concentration (amount of alcohol in a persons blood)
What is BrAC
Breath alcohol concentration (amount of alcohol in a persons body by analysing a specimen of breath)
What is a breath test
Means a test to obtain an indication of the concentration of alcohol in a persons breath using a device approved under a regulation
What is the high alcohol limit and consequence?
Is 0.150g of alcohol in 210L of breath. Licence immediately disqualified and person detained for 4 hours
What is the middle alcohol limit and the consequence?
Is or is more than 0.100g of alcohol in 210L of breath. Licence disqualified immediately.
What is the general alcohol limit and consequences?
It is or more than 0.05g of alcohol on 210L of breath. Licence is suspended for 24 hours
What is consequences for being over the 0 alcohol limit (learners, p plates, special licence’s)
Is more than 0g of alcohol in 210L of breath and licence suspended for 24 hours
What is the consequence for being under the influence of liquor when on Animals or other things (bicycle, riding a horse)
Immediate arrest and licence disqualified immediately and detained for 4 hours
S.54(1) power of inquiry into road use contraventions to investigate offences against the TORUM Act 1995. States that a police officer can do what?
Make reasonable necessary inquiry, investigation, inspection, examination or test
Arrange for someone else to make any reasonable inspection, examination or test for establishing whether or not an offence against the road use management act has been committed.
Traffic manual s.10.4.2 what are considerations prior to interception of a vehicle officers should insure?
Consider reason for interception and what action can be taken if driver refuses to stop
Select a suitable interception site (well lit)
Advise VKR of your intention to stop the vehicle
Take appropriate safety precautions
TORUM s.80(2)
Provides authority for a officer to require a person to provide a specimen of breath for a breath test.
Officer found or suspects was driving or in charge of a motor vehicle, tram or train on a road or elsewhere during the last preceding three hours.
May require who a officer suspects was during last 3 hours driving a motor vehicle
TORUM s.80(4) what is the time limits for a requirement for specimen of breath or blood tests
A requirement must be made as soon as practicable and within 3 hours after the event happens that authorises the police officer to make the requirement
Traffic manual s.10.5.2 are you allowed to pursue for a vehicle failing to stop for a random breath test?
No you can not pursue the vehicle
PPRA s.754 If a driver of a motor vehicle fails to stop motor vehicle what can you do?
Take notes of registration and vehicle description, driver description if possible and investigate offence.
PPRA
S.40 person may be required to state name and address
S.41 prescribed circumstances for requiring name and address
S.58 production of driver licence
If a person blows positive on a breath test what is the process?
Detain the driver for the purpose of provide a specimen of breath for analysis
Take the person to a police station, hospital or vehicle
Explain to the person that they are detained and what is going to happen
What are defences for being over the general alcohol limit?
Extraordinary reasons eg medical emergency etc
Criminal code s.25 extraordinary emergencies
Criminal code s.24 mistake of fact is not a defence for drink driving
What is the BAS process?
Once getting back to station make sure there is a authorised police officer to operate the breath analysing instrument. Prior to entering the BAS room you will need to observe the subject person for 20 minutes and fill out a BAS card (breath analysing statistical card. T64)
What is circumstances of aggravation?
If person is previously convicted of an offence in the previous 5 year period.
What is the process of officers if bringing up previous criminal or traffic history to be presented to magistrates court?
Arresting officers are to complete and serve a form QP0041A: “Notice of Intention to Allege Previous Convictions” on the defendant at the time of commencement of prosecution or a reasonable time before the defendants first court appearance.
The endorsed copy of this notice is to be attached to the court brief.
When can a blood sample be done?
Whenever Indicia is inconsistent with breath sample.
Drive involved in a accident and is being treated in a hospital or is not concious.
Person has medical certificate and are displaying Indicia.
When does Identifying particulars get done?
If the offence the person is charged with has a penalty of at least one year imprisonment.
When does someone not have to give a breath test?
Produces a doctor certificate.
The requirement was not lawfully made.
Person is incapable by reason of events that occurred by providing the specimen.
When do you complete a full brief of evidence?
When a person pleads not guilty after the QP9 has been completed
What documents need to be completed in Qprime for a full brief of evidence?
Index to the brief.
Completed form QP0323: list/non availability of witness’s including police officers.
Where required a precis.
Copies of relevant documentary (certificates, photographs).
Copies of any records of interviews.
How is full brief of evidence submitted on Qprime?
It is submitted via BOE task
Hard copy is placed in relevant place in station for checking by supervisor/ OIC/ brief checker.
What are the powers to gather evidence for a liquor offence?
PPRA
S.40 person may be required to state name and address
S.41 prescribed circumstances for requiring name and address
Liquor Act
S.182 requirement to give name and address and age
S.183 powers to require answers to questions
What is our power to seize liquor?
For offence under 173B, police officer can seize liquor as per PPRA s.53 (prevention of particular offences relating to liquor) and have it analysed as evidence or dispose of anything seized as the police officer considers reasonably necessary to prevent the commission, continuation or repetition of the offence. (Tip out)
Police may utilise provisions to prove contents of the container is liquor being:
The type of container usually holds liquor.
Evidence that the fluid is deemed to be liquor, therefore no need to have analysed.
What is the definition of unduly intoxicated?
State of being which a persons mental and physical faculties are impaired because of consumption of liquor. Which because of this would act under Indicia
What are a list of safe places to take drunk persons to?
Hospital if person needs medical assistance.
Indigenous drop off centre (Murri watch).
Persons relative or friends home.
What needs to be filled out before releasing person to place of safety?
Ensure person is responsible enough and signs the “place of safety undertaking” (form 044).
Give property taken and pass any relevant information.
What elements are needed to prove assault/obstruct police officer?
Time date place A person must not Assault or obstruct A police officer In the performance of an officers duty
What actions constitute assault
Spitting, punching, kicking, grabbing, pushing
What constitutes obstruct?
Act that prevents an officer from performing a role or function to hinder resist or attempt to do either.
Police officer trying to talk with a person and another person interferes or tries to prevent you from talking with that person.
Person or persons prevent an officer from apprehending a person.
Anything that interferes with police officer doing their duties.
What is the safeguard process for oral directions and requirements?
If person fails to comply with the direction or requirement a police officer must if practicable warn person that it is an offence to fail to comply and then that the person may be arrested for the offence and then the police officer must give the person a further reasonable opportunity to comply with the direction or requirement.
What are the two parts that must exist for a street offence (public nuisance) to be committed?
Person commits a public nuisance offence if they use language or display behaviours of a disorderly/offensive/threatening/violent manner and the persons behaviour interferes or is likely to interfere with the peaceful passage through or enjoyment of a public place by a member of the public.
What evidence is needed for charging public nuisance offence?
Behaviour needs to interfere or likely to interfere with the peaceful passage or enjoyment of a public place.
As well as police need to satisfy that there was actual interference with peaceful passage through a public place.
What evidence is needed for urinating in a public place?
In a proceeding for an offence against urinating in public place evidence that liquid was seen to be discharged from the vicinity of a persons pelvic area is enough evidence that the person was urinating.
Summary offences Act s.9 - wilful exposure
A person in a public place must not wilfully expose his or her genitals unless the person has a reasonable excuse.
Issuing infringement notices
Can only be provided if the provide their details of their address as well as the person is positively identified and confirmed identification
What are the powers to street offences?
S.40 person may be required to state name and address of the PPRA.
S.41 prescribed circumstances of requiring name and address of the PPRA.
S.365 arrest without warrant of the PPRA.
S.376 when arrest may be discontinued - general rule of the PPRA.
S.382 notice to appear may be issued for offence of the PPRA.
When must a traffic crash be reported to police?
If the traffic crash has caused death, serious or minor injury to any person or damage to property apparently in excess of $2500
What is the public have to do if traffic crash is in excess of $2500 or death, serious or minor injury is present?
Ensure where possible that the vehicles are not moved until arrival of police unless moving vehicle is necessary to protect life or property from further injury or damage.
When is it not necessary to call police to attend a traffic crash?
Whenever no one is not injured and property damage is not excess of $2500 and vehicle is not towed away as well as drivers do exchange details.
What are the duties of police at a traffic crash site?
The QPS is to coordinate all other emergency services. When at the scene apply first aid and determine if additional police is needed or QAS or QFRS are required. Preserve evidence, divert traffic if needed as well as ascertain if vehicles involved need to be moved. Take note of how many people injured, determine if specialised team is required.
