Phase 3 Flashcards
1
Q
PPRA s.790 Offence to assault or obstruct police officer
A
- Simple—Magistrates—12 month limitation
- TDP
- A person must not
- Assault or Obstruct
- A police officer
- In the performance of the officers duties
- Assault—Person strikes, touches, moves or applies force of any kind either directly or indirectly without their consent. Includes and attempt or threat.
- Obstruct—Hinder, resist and attempt to obstruct
2
Q
PPRA s.791 Offence to contravene direction or requirement of police officer
A
- Simple—Magistrates—12 month limitation
- TDP
- A person must not
- Contravene
- A direction
- Given by a police officer
- Under this Act
- Without a reasonable excuse
3
Q
Define public place SOA
A
- A place open to or used by public whether or not on payment of a fee and
- Includes land that is a busway and land that is a rail corridor
4
Q
SOA s.7—Urinating in a public place
A
- Simple—Magistrates—12 month limitation
- TDP
- A person must not
- Urinate—evidence that liquid was seen to be discharged from pelvic area
- In a public place
5
Q
SOA s.9—Wilful Exposure
A
- Simple—Magistrates—12 month limitation
- TDP
- A person must not
- In a public place
- Wilfully—deliberate and willed
- Expose—uncover
- His or her genitals—external sex organs
- Without reasonable excuse—medical condition?
- COA—The act was directed at a person
6
Q
SOA s.10 Being intoxicated in a public place
A
- Simple—Magistrates—12 month limitation
- TDP
- A person must not
- Be intoxicated—drunk or adversely affected by another substance
- In a public place
7
Q
Liquor Act s.173B Consumption of liquor in certain public places prohibited
A
- Simple—Magistrates—12 month limitation
- TDP
- A person must not
- Consume— Obs liquid decreasing in container and per-son swallowing actions
- Liquor
- In certain public places
8
Q
Powers for dealing with liquor offences
A
- PPRA Require name and address
- Liquor Act Requirement to give name, address and age
- PPRA Power to seize/dispose
- Liquor Act Power to require answers to questions
9
Q
Define ‘Motor Vehicle’ and ‘Vehicle’ TOM(RUM)A
A
- MV—any vehicle propelled by a motor and includes a trailer attached to the vehicle
- Vehicle—any type of transport that moves on wheels and a hovercraft, incl. MV. Does
10
Q
Drink driving limits
A
- No alcohol limit 0.00
- General alcohol limit—0.05
- Middle alcohol limit—0.10
- High alcohol limit—0.15
11
Q
TO(RUM)A s.79(1) - Offence of driving etc. whilst under the influence
A
- Simple—Magistrates—12 months
- (Used for over high alcohol limit or affected by drugs)
- TDP
- APW
- While under the influence of liquor or drug
- Drives, attempts to put in motion or is in charge of
- A motor vehicle, tram, train or vessel
- On a road or elsewhere
12
Q
COA for Drink driving offences
A
- Driver previously convicted of s.79 offences once in last 5 years
- Driver previously convicted of CC dangerous op of vehi-cle once in last 5 years
- Driver twice previously convicted for either of above in last 5 years
13
Q
TO(RUM)A s.78 Driving of motor vehicle without a drivers li-cense prohibited
A
- Simple—Magistrates—12 month limitation
- TDP
- A person must not
- Drive
- A motor vehicle
- On a road
- Unless the person holds a driver
14
Q
TO(RUM)A s.83 Careless driving of a motor vehicle
A
- Simple—Magistrates—12 month limitation
- TDP
- APW
- Drives
- A motor vehicle
- On a road or elsewhere
- Without due care and attention or without reasonable consideration for the other persons using the road or place
15
Q
CC s.328A Dangerous driving of a motor vehicle
A
- Misdemeanour—District/Magistrates—No time limit
- TDP
- APW
- Operates or interferes with
- A vehicle
- Dangerously
- In any place
16
Q
Difference between careless and dangerous driving
A
- Without due care and attention—picking something off floor, changing radio channel
- Without reasonable consideration—driving in a manner where other users may need to take evasive action
- Dangerous operation of vehicle—going through red light at high speed causing crash, crossing double lines on a blind corner, driving whilst incapable (tired, ill)
- Dangerous driving of vehicle other than MV—riding horse into crowd
- The test for dangerous would be the amount of people around, time of day, school zone etc.
17
Q
COA for Dangerous operation of a vehicle
A
- Being adversely affected by an intoxicating substance
- Excessively speeding (over 40kmph) or taking part in unlawful race
- Having previous conviction of dangerous operation of vehicle
18
Q
When must police attend a traffic crash?
A
- When a person is killed or injured requiring treatment by medical professional
- Suspected alcohol/drugs involved
- Any driver refusing to provide required particulars
- Public interest—dangerous operation, damage to infra-structure etc.
- Threat to public safety—hazardous
- Person with impairment or disability requires assistance
19
Q
After traffic crash, who must be breath tested and how soon?
A
- Both drivers involved
- Within 3 hours of incident
20
Q
PPRA s.58 Production of drivers license
A
- Finds committing or reasonably suspects offence under TO(RUM)A
- Reasonably suspects person present at time of relevant vehicle incident
- If unable to comply—produce driver license to nominated police station within 48 hrs
21
Q
When to issue Traffic Infringement Notice TIN
A
- Supervisor has not directed action to be commenced by another means
- Offence indicated is one for which infringement may be issued
- Crash was not fatal or did not result in life threatening injury
- Investigation is complete
22
Q
Principle offender—Enabler
A
- Enabling another person to commit offence
- Provides something to enable offence to occur
- Doesn’t need to be present
- All elements committed to be liable
- Must have knowledge of offence to be liable
- E.g. providing weapons for robbery
23
Q
Principle offender—Aider
A
- Aids another in committing offence
- Person who’s presence is aiding the Doer
- E.g. getaway car
24
Q
Principle offender—Counsellor/Procurer
A
- Person who organises other people to commit offence
- Plans how and what resources needed
- E.g. recruiting people to commit robbery and telling them how to do it, does not need to be present
25
Q
Components of CC s.8 Offences committed in prosecution of a common purpose
A
- A common intention to prosecute an unlawful purpose
- An offence committed in the prosecution of the unlawful purpose
- The offence committed must be a probable consequence of the prosecution of the common purpose
- E.g. Person A and B commit armed robbery. Whilst robbery is happening, person A commits GBH on victim. Both A and B are criminally responsible since GBH is a probable outcome of a robbery.
26
Q
Explanation of CC s.9 Mode of execution immaterial
A
- When a person counselled another to commit an offence and offence was actually committed
- It is immaterial whether the offence committed is the same or a different one
- The unplanned offence committed is a probable consequence of carrying out the original offence
27
Q
CC s.10 Accessories after the fact
A
- APW
- Knowing that the other person committed an offence
- Receives or assists the other person
- Who is to their knowledge guilty of the offence
- In order to enable the person to escape punishment
- E.g. mum providing refuge for child who committed robbery
28
Q
CC s.4 Attempts to commit offences
A
- It does not matter whether the offender was not able to fulfill the completion of the offence due to stopping themselves or stopped by other circumstances
- It does not matter that the offender does not know that it is impossible to commit the offence (pickpocket realises pockets are empty)
- All indictable offences except assaults, some simple offences, no regulatory offences
29
Q
CC s.538 Reduction of punishment (Attempts)
A
- When a person is convicted of attempting to commit offence
- And the person stops from further prosecution of the offence on their own free will
- The person is liable for one half of the punishment
30
Q
MHA Examination Authority
A
- Made by mental health tribunal after application by doctor or AMHP
- Recommendation for full psychiatric assessment leading to treatment authority
- Doctor with police assistance may exercise powers such as enter a place, detain and transport
- Authority for 7 days
31
Q
MHA Power of entry
A
- Power under PPRA s.21 General power of entry
- If officer reasonably suspects person is at dwelling or
- MHA Warrant for apprehension to transport person if:
- Occupier does not give consent to enter etc
32
Q
Safeguards before exercising MHA powers
A
- Identify yourself to person
- Tell them EA has been made
- Explain generally the nature and effect of EA
- Give copy of EA if requested
- Give opportunity to allow entry without force
33
Q
Proceedings of criminal charges of person with mental illness
A
- Either, take action to have persons mental health assessed first or complete investigation and commence proceedings first
- Allow person to speak with support person before questioning and
- Ensure support person is present during questioning
34
Q
PHA Emergency Examination Authority EEA
A
- Officer reasonably believes that persons is at immediate risk of self harm and
- The risk appears to be a result of a major disturbance and
- The person appears to require urgent examination or treatment and care
35
Q
Safeguards under PHA EEA
A
- Explain to person they are being detained and transported and effect it may have
- Immediately make EEA for person in approved form
- Give completed EEA to health service employee
- Detained for up to 6 hours—can be extended to 12
36
Q
Define relevant relationship (DV)
A
- Intimate personal—spouse, former spouse, de facto, parents of a child
- Family—relative, siblings, in-laws, child, aunt/uncle etc.
- Informal care— one person is dependant on the other for help in daily living (not commercial)
37
Q
PPRA s.609 Entry of a place to prevent offence, injury or domestic violence
A
- Police officer reasonably suspects
- Offence, injury or DV occurring
- Lawful to enter, stay for time reasonably necessary, give or arrange help to any person at place
38
Q
Circumstances when police must issue Police Protection Notice PPN
A
- Resp. committed DV
- Resp. taken into custody
- Not practicable to bring resp. before court
- TPO not been made
- Release conditions do not apply
- No cross order in existence
39
Q
Effect of PPN on relevant parties
A
- Resp directed to remain at or move to place to serve PPN not more than 2 hours
- In force until hearing of DV01
- Resp to comply with conditions: good behaviour towards agg. And not expose any child to DV
- Other conditions include no contact order, 24 cool down, ouster and return (entering/attempting to enter premises
40
Q
Application for Protection Order DV01
A
- After PPN served or resp. given release conditions or application of TPO
- PPN in effect until resp. served with DV01
- Resp direction to stay/remain for up to 1 hour to serve DV01
- Requires resp to not commit DV and not expose child to DV
- Duration of 5 years
41
Q
Temporary Protection Order TPO
A
- Provides protection for agg after more serious DV incident
- When DVO/PPN cross order exists
- Not reasonable or practical to bring resp before court while still in custody and date of hearing is more than 5 business days after released
- Inconsistent to family law court order apply for TPO
- Duration until final hearing for DV01
- Same conditions as DV01
42
Q
Variation of DV01 Protection Order
A
- Variation for conditions, duration, persons named
- If officer believes varying order would enhance the safety, protection and wellbeing of aggrieved/named persons, sufficient evidence to do so and the resp is properly notified
- DVO cannot be revoked
- Resp. does not need to be present in court but needs to be served with variation
43
Q
Taken into custody for DV
A
- If resp committed DV and another person is in danger of injury and/or property is in danger of being damaged
- Duration—4 hours: if resp brought before court while still in custody and no order given or DV01 prepared with release conditions or application for TPO granted
- Duration—8 hours: can be extended if resp intoxicated or to make arrangements for agg/child or resp behaviour is aggressive and continuing danger of injury or damage
44
Q
Delivery of weapons after DV
A
- Resp. must immediately deliver to police any weapons licence and weapons in their possession
- Retain licence at station
- Weapons not to be returned unless advised by Weapon Licencing. If not returned within 3 months weapon is disposed of
45
Q
DV Other Action
A
- Occurs when R/R exists and
- No action taken due to insufficient evidence of DV
- Police are to advise private DVO application and
- Offer police referral
- Must obtain approval from supervisor and create QPRIME DV occurrence
46
Q
NO DV
A
- When R/R exists but no DV occurred , seek approval and finalise as ‘Domestic Violence—No DV’
- When one party claims R/R and other doesn’t, seek approval and treat as if the R/R does exist, finalise as ‘DV Relationship—No DV’
- When R/R does not exist supervisor approval and DV occurrence not required
47
Q
DV incident & prosecution of offences against other Acts
A
- When person in custody for DV, they are not to be questioned in relation to another offence
- Depending on nature of DV, type and seriousness of offence and need to immediately investigate (prevent loss of evidence) - either deal with DV first or complete CC investigation first
- When charged for a CC offence include wording ‘Domestic Violence offence’ at the end of the charge.
48
Q
DFVPA s.177 Contravention of Domestic Violence Order (without previous conviction)
A
- Simple—Magistrates Court—1 year after complainants knowledge but within 2 years of commission of offence
- Can take IDP
- TDP
- Respondent must not
- Contravene
- A domestic violence order
- If resp present in court when made or resp served with copy or resp told by police order exists
49
Q
DFVPA s.177(2)(a) Contravention of DVO with prior conviction of DV offence in last 5 years
A
- Indictable—Magistrates—1 year/2 year after commis-sion
- Having convictions for contravene DVO/PPN or Release Conditions for any R/R or
- Having convictions for offences that are DV related (CC offences)
- IDP and take DNA (if no permanent profile exists)
50
Q
Alleging previous criminal history (DV)
A
- If DVO in place and has prior conviction of DV offence in last 5 years
- Comply with indictable safeguards
- Complete ‘Notice of intention to allege previous convic-tion and attach copy to QP9
- Serve of defendant before first court appearance
51
Q
DFVPA s.178 Contravention of PPN
A
- Simple—Magistrates—12 month limitation
- TDP
- Respondent must not
- Contravene PPN
- While PPN is in force
52
Q
DFVPA s.179 Contravention of release conditions
A
- Simple—Magistrates—12 month limitation
- TDP
- Respondent must not
- Contravene a condition
- On which resp. was released from custody
- (choose relevant condition, if more than one applies, choose one only)
53
Q
Definition of Assault
A
- Actual application of force—striking, touching or mov-ing to another, directly or indirectly (instructing dog to attack) , without consent or consent obtained by fraud (imposing health care worker)
- Attempted or threatened—attempting or threatening to apply force to another, without consent, actually or apparently has a present ability to effect the force
54
Q
CC s.335 Common Assault
A
- Misdemeanour— Magistrates or District—No time limit
- TDP
- APW
- Unlawfully
- Assaults
- Another
55
Q
COA for Common Assault
A
- Defendant committed offence in a public place
- Defendant was adversely affected by an intoxicating substance
- Becomes crime
56
Q
Definition of Bodily Harm
A
- Any bodily injury which interferes with health or com-fort
- Pain suffered at time not sufficient to prove bodily harm—must be an actual injury associated with pain
- E.g. Black eye, broken nose, fractures, lacertations
57
Q
CC s.339 Assaults occasioning in bodily harm
A
- Crime—Magistrates or District—No time limit
- TDP
- APW
- Unlawfully
- Assaults
- Another
- Thereby does the other person bodily harm
58
Q
COA for Assaults occasioning in bodily harm
A
- Person pretends to be or is armed with dangerous or offensive weapon
- Offender is in the company of 1 or more persons
- Offence committed in public place while offender adversely affected by an intoxicating substance
59
Q
Definition of Grievous Bodily Harm GBH
A
- Loss of distinct part of an organ of the body or
- Serious disfigurement or
- Any injury if left untreated would cause permanent injury or death (whether or not person receives medical treatment or not)
- E.g. Severe scarring, deformity, impairment
60
Q
CC s.320 Grievous Bodily Harm GBH
A
- Crime—Magistrates or District—No time limitation
- TDP
- APW
- Unlawfully
- Does GBH
- To another
- COA—Offence committed in public place and offender adversely affected by intoxicating substance
61
Q
How can officers prove element of ‘adversely affected by an intoxicating substance’ for assault offences?
A
- Common assault & occasioning in bodily harm—Indicia alone, CCTV, notes, witnesses
- GBH & wounding —PPRA power to require sample of breath (if reading below 0.15, rely on indicia alone) and PPRA power to require BAS
62
Q
Defence of provocation for Assault offences
A
- Any wrongful act or insult when done to an ordinary person is deprived of self control and acts upon suddenly before passions cool and assaults another by using force not disproportionate to the provocation so long as the act is not likely to cause death or GBH
63
Q
Self defence against unprovoked assault
A
- If a person is unlawfully assaulted (and did not provoke)
- They may use such force necessary to make defence against the assault
- As long as assault does not cause death or GBH
- A person can use force resulting in death or GBH if:
- Nature of assault is to prevent persons own death or GBH and they reasonably believe they could not preserve themselves from death or GBH other than by using such force
64
Q
DMA s.9 Possessing dangerous drugs
A
- Crime—Magistrates or District—No time limit
- TDP
- APW
- Unlawfully
- Has possession of— physical /non physical or construc-tive
- A dangerous drug
65
Q
DMA s.10(2) - Possess things (other than hypodermic needle)
A
- Simple—Magistrates—12 month limitation
- TDP
- APW
- Unlawfully
- Has in their possession
- Anything (not being a hypodermic needle)
- For use or that the person has used
- In connection with administration or consumption or smoking of
- A dangerous drug
66
Q
DMA s.10(4) Possess things (fail to take care/precautions)
A
- Simple—Magistrate—12 month limitation
- TDP
- APW
- Has in their possession
- A hypodermic syringe or needle
- And fails to use reasonable care and take all precautions to avoid danger to life, safety or health of another
67
Q
CC s.469 Wilful damage
A
- Misdemeanour—Magistrate or District—No time limit
- TDP
- APW
- Wilfully and
- Unlawfully
- Destroyed or damaged
- Any property
68
Q
COA for wilful damage
A
- If destroys or damages by explosion or
- Destroys or damages wills, sea walls, wrecks, railways, aircraft, educational institutions, cemeteries etc.
- Becomes a crime
69
Q
Wilful damage by graffiti
A
- Crime—District or Magistrates—No time limit
- TDP, APW, wilfully and unlawfully, destroys/damages, any property
- In public place or visible from public place
- By spraying, writing, drawing, marking, painting or scratching or etching
70
Q
SOA s.17—Graffiti instrument
A
- Simple—Magistrates—12 month limitation
- TDP
- A person must not
- Possess
- A graffiti instrument—spray can or etching tool
- That is reasonably suspected of having been used for, is being used for or was about to be used for
- Graffiti
71
Q
ROA s.7 Unauthorised damage to property
A
- Regulatory—Magistrates court—12 month limitation
- TDP
- APW
- Wilfully
- Destroy or damages
- Property
- Of another
- Without consent, expressed or implied by person in lawful possession
- And thereby causes loss of $250 or less
72
Q
CC s.398 Punishment of stealing
A
- Crime—District/Magistrates—No time limit
- TDP
- APW
- Steals
- Anything capable of being stolen
73
Q
ROA s.5 (1) (c) Unauthorised dealing with shop goods
A
- Regulatory—Magistrates—12 month limitation
- TDP
- APW
- With respect to goods
- In a shop
- Of a value of $150 or less
- Takes them away
- Without discharging or attempting honestly, or making proper arrangements, to discharge his or her lawful indebtedness
74
Q
What are the only possible exculpations and defences to Regu-latory offences?
A
- Ignorance of the law—bona fide claim of right
- Immature age
- Justification and excuse—compulsion
75
Q
CC s. 433 Receiving tainted property
A
- Crime—District/Magistrates—No time limit
- TDP
- APW
- Receives
- Tainted property—a thing obtained by way of indicta-ble offence incl. property converted or pledged from original tainted property
- And had reason to believe it is tainted property
76
Q
SOA s.16 Unlawful possession of suspected stolen property
A
- Simple—Magistrates—12 month limitation
- TDP
- A person must not
- Unlawfully
- Possess
- A thing
- Reasonably suspected of having been stolen or unlaw-fully obtained
77
Q
CC s.408A (1) (a) Unlawful use or possession of motor vehicles, aircraft or vessels
A
- Crime—Magistrate/District—No time limitation
- TDP
- APW
- Unlawfully
- Uses
- MV, aircraft or vessel
- Without the consent of the person in lawful possession thereof
78
Q
COA for UUMV
A
- If offender intends to use MV, aircraft or vessel for the purpose of facilitating the commission of an indictable offence e.g. getaway car from robbery
- If offender wilfully destroys/damages/removes/interferes with mechanism or other part of MV/aircraft/vessel
- If offender intends to destroy/damage/remove/interfere with mechanism or other part of MV/aircraft/vessel
79
Q
COA s.408A (1) (b) Unlawful use or possession of motor vehi-cle, aircraft or vessel
A
- Crime—District/Magistrates—No time limit
- TDP
- APW
- Has in their possession
- Any MV/aircraft/vessel
- Without consent of person in lawful possession
- With intent to deprive the owner
- Either temporarily or permanently
80
Q
Differences between CC and SOA UUMV
A
- CC—Indictable, no time limitation, does not provide offence for merely entering MV, refers to ‘motor vehicle’
- SOA—Simple, 1 year limitation, creates offence for entering vehicle,
81
Q
CC s.419 (1) Burglary (with intent)
A
- Crime—District/Magistrates—No time limit
- TDP
- APW
- Enter or is in
- The dwelling of another—building or structure which the occupier resides in
- With intent to commit an indictable offence in the dwelling
82
Q
COA for Burglary
A
- Enter by means of break—breaks any party internal or external or opens by unlocking, pulling, lifting etc. a thing intended to close or cover an opening in a dwell-ing
- The offence was committed at night—9pm-6am
- The offender uses or threatens violence
- The offender pretends to be armed or is armed with weapon
- The offender is in the company of 1 or more persons
- The offender damages or destroys any property
83
Q
CC s.419 (4) Burglary (and commits)
A
- Crime—District or Magistrates—No time limit
- TDP
- APW
- Enters or is in
- The dwelling of another
- And commits indictable offence
84
Q
CC s.421 (1) & (2) Entering or being in premises and com-mitting indictable offence
A
- Crime—District/Magistrates—No time limit
- TDP
- APW
- Enters or is in
- Any premises—building or structure other than a dwell-ing, includes caravan, vehicle etc.
- With intent to commit indictable offence OR and com-mits indictable offence
- COA—enter by means of a break
85
Q
SOA s.11 (1) & (2) Trespass
A
- Simple—Magistrates—12 month limitation
- TDP
- A person must not
- Unlawfully
- Enter or remain in
- A dwelling or yard of a dwelling OR
- A place used as a yard for or a place used for
86
Q
SOA s. 12 Persons unlawfully gathering in or on a building or structure
A
- Simple—Magistrates—12 month limitation
- TDP
- Two or more persons
- Together
- Unlawfully
- Enters or remain in/on
- Any part of a building/structure or building of a business or land used by public etc.
87
Q
CC s. 427 Unlawful entry of vehicle for committing indictable offence
A
- (427 Go to Heaven) Only for serious indictable offences such as kidnapping
- Crime—District or Magistrates—No time limit
- TDP
- APW
- Unlawfully
- Enter
- Another persons
- Vehicle
- With intent to commit indictable offence
88
Q
COA for CC Unlawful entry of vehicle for committing indictable offence
A
- Uses or threatens violence
- Is or pretends to be armed with dangerous or offensive weapon
89
Q
PPRA s.19 General power to enter to make inquiries, investi-gations, or serve documents.
(Power to enter dwelling—not a place)
A
- Enter a place and stay for reasonable time to make enquiries or investigate a matter or to serve a document
- Enter the part of a property that is not occupied that is, a yard, to make enquiries without owners consent
- Use minimal force to enter
90
Q
PPRA s.21 General power to enter to arrest or detain some-one to enforce warrant
A
- May enter and stay for reasonable time to arrest person without warrant
- May enter the dwelling without consent of occupier to arrest or detain person
- If place is a vehicle, may stop and detain the person
91
Q
PPRA s.29 Searching persons without warrant
A
- Search person without warrant if officers reasonably suspect prescribed circumstances exist
92
Q
PPRA s.30 Prescribed circumstances for searching persons without warrant
A
- Carrying weapon
- Possess unlawful dangerous drug
- Possess stolen property
- Evidence of commission of 7 year imprisonment offence
93
Q
PPRA s.31 Searching vehicles without warrant
A
- Search vehicle and anything in it without a warrant if officer reasonably suspects prescribed circumstances exist
94
Q
PPRA s.32 Prescribed circumstances for searching vehicle without warrant
A
- Evidence of commission of a 7 year imprisonment offence
- Possession of an unlawful dangerous drug
- Possession of stolen property
95
Q
PPRA s.40 Person may be required to state name and address
A
- Require evidence of the correctness of the stated name and address in prescribed circumstances
96
Q
PPRA s.41 Prescribed circumstances for requiring name and address
A
- Finds committing
- Reasonably suspects has committed an offence
- For identifying particulars
- Witness of and can provide information about an in-dictable offence
- May be able to help in investigation of DV offence or relevant vehicle incident etc..
97
Q
PPRA s.60 Stopping vehicles for prescribed purposes
A
- To enforce Transport Act
- Conduct RBT
- Noise abatement direction etc..
98
Q
PPRA s.365 Arrest without warrant
A
- 365 (1) arrest without warrant for all offences
- 365 (2) arrest without warrant to investigate or question about an indictable offence (not arrested for questioning)
99
Q
PPRA s.365A Arrest without warrant upon instruction of an-other police officer
A
- PPRA POWERS
- Preserve evidence or fabrication of, repetition of offence, appearance before court, prevent harassment of witness, offence of assault police/contravene requirement or DV offence, welfare/safety of any person, establish identity, running off/fleeing from police officer, seriousness of offence (indictable)
100
Q
PPRA s.48 Move on direction
A
- Officer may give to a person or group doing a relevant act any direction that is reasonable in circumstances
- Regulated place means a public place or a prescribed place (shop, schools, premises liquor act, memorial)
- If reasonably suspects behaviour or presence complains) , obstructing, offensive, disruptive orderly conduct
101
Q
Safeguards for move on direction
A
- Must tell person reason for direction
- Must warn person it is an offence to fail to comply with direction (without reasonable excuse)
- The person may be arrested for offence
102
Q
Safeguards for NAD
A
- 4 days place, 48 hrs motorbike
- Ascertain who direction was given to/who knows NAD was given
- Determine whether person has contravened terms
- Establish whether they have reasonable excuse
- Give further warning that it is an offence to fail to comply
103
Q
PPRA s.582 Compliance with NAD
A
- TDP
- APW
- A noise abatement direction is given
- Must refrain from emission of or contributing to emission of
- Excessive noise
- From place or part of the place to which direction relates
- For noise abatement period
104
Q
Who is a missing person?
A
- When another person fears for safety or is concerned for welfare of another
- The other person reports their fear/concern to police
- After police makes reasonable enquiries to locate per-son, their whereabouts remains unknown
105
Q
Who is a high risk missing person?
A
- A missing person who is under 13 or
- The officer, judge or magistrate reasonably suspects the person may suffer serious harm if not found as quickly as possible
106
Q
Who is a person with known vulnerability
A
- Includes a person affected by dementia/related illness or known medical condition or physical or intellectual disability
- Someone believed to intending self harm or
- A person who is a child
107
Q
When does a death have to be reported to the coroner?
A
- Identity unknown
- Violent or unnatural
- Suspicious circumstances
- Health care related
- Cause of death certificate not likely to be issued
- Death in care
- Death in custody
- Death as a result of police operations
108
Q
Exculpations and defences
A
- s.22 Ignorance of the law—bona fide claim of right
- S.23 Intention—motive
- S.24 Mistake of fact
- S.25 Extraordinary emergencies
- S.26 Presumption of sanity
- S.27 Insanity
- S.28 Intoxication
- S.29 Immature age
- S.31 Justification and excuse—compulsion
109
Q
Arrest Alternatives
A
- No action
- Caution—adult/youth
- Restorative justice—adult/youth
- Intoxication/drug/graffiti diversion
- Complaint & summons
- NTA
- Infringement
110
Q
Adult cautioning circumstances
A
- Offender must be over 18
- Offence can be dealt with summarily except for offenc-es such as DV, drink/drug driving, DMA, injury to victim, financial loss to victim
111
Q
Adult restorative justice conferencing
A
- Can only occur if victim & offender express willingness for conference
- Both parties not prohibited from contact by court order
- The offender is not subject of community service order, imprisonment or parole
112
Q
Intoxication diversion
A
- When more appropriate to take to place of safety including
- Hospital when in need of medical attention
- Diversionary centre
- Vehicle such as uber/taxi or friend/relative
- Persons home or friend/relatives home
113
Q
Drug diversion eligibility
A
- Been arrested for minor drug offence
- Not committed another indictable offence in relation to mi-nor drug offence
- No previous sentence for supply, trafficking or production of dangerous drug
- No previous conviction for violence
- Made admissions to offence during EROI
- Not offered drug diversion previously
114
Q
NTA
A
- Preferred alternative to complain and summons
- Requires a person to attend court on specified date at specified address
- Court before 14 days otherwise offender must sign
- Must be served correctly on the person
115
Q
Infringement
A
- Offences may include traffic, railway, liquor, marine, public nuisance
- Only if can provide evidence of address
- No more than 3 otherwise arrest or NTA
116
Q
No action
A
- Consider is there sufficient evidence?
- Does that public interest require a prosecution?
- Are officers acting with impartiality?
117
Q
Youth cautioning
A
- Consider type and seriousness of offence
- Number of offences
- Childs involvement
- Admissions made
- Childs remorse
118
Q
Graffiti removal program
A
- Child arrested or being questioned for a graffiti offence and
- Made admissions to offence during EROI and
- Is 12-18 years of age at the time of offence
119
Q
Factors to consider when deciding whether to admit evidence
A
- Relevance—does it relate to the elements of the charge
- Admissibility—does it satisfy courts requirements con-cerning legally acceptable evidence
120
Q
Hearsay evidence
A
- Evidence given by a witness of words spoken or written by another person
- Exceptions include admissions/confessions as the state-ment is against the speakers interest and likely to be true
- Witness incapacitated—when a person is unable to testify due to death, GBH, mental illness etc.
121
Q
Documentary evidence
A
- Breath analysis certificate
- Drug analysis certificate
- Tapes/photographs
- Original is primary and a legally certified copy is sec-ondary
122
Q
Expert evidence
A
- There is an organised branch of science or knowledge on the subject
- The witness is a qualified expert in that field of science or knowledge
- The magistrate/jury is not qualified through ordinary knowledge and experience
- Doctors, scientists, engineers, handwriting specialist, traffic police
123
Q
Lay witness evidence
A
- Ordinary person giving evidence of:
- Descriptions of people
- Apparent age
- Emotional state
- Estimate of speed/distance etc
124
Q
Privileged evidence
A
- Privileged communications only apply to lawyer/client relationships
- Doctors, husband/wife, journalist etc cannot be compelled to give evidence
