Police Powers

Question 1

Punishment for larceny?

Answer 1

s117 of the Crimes Act 1900 - imprisonment for 5 years

Question 2

Cautioning of persons?

Answer 2

s139 of the Evidence Act 1995

Question 3

Damage or destroy property?

Answer 3

s195 of the Crimes Act 1900

Question 4

Intent to return property no defence?

Answer 4

s118 of the Crimes Act 1900

Question 5

Endorsement?

Answer 5

cl 9i of the Criminal Procedures Regulation 2017

Question 6

Power to arrest WITH warrant?

Answer 6

s101 of LEPRA 2002

Question 7

Discontinue arrest?

Answer 7

s105 of LEPRA 2002

Question 8

Safeguards when exercising powers?

Answer 8

s202 of LEPRA 2002

Question 9

Outlines investigation periods?

Answer 9

s115 of LEPRA 2002

Question 10

Investigation timeouts?

Answer 10

s117 of LEPRA 2002

Question 11

Time limit for commencement of summary proceedings?

Answer 11

s179 of the Criminal Procedures Act 1986

Question 12

Evidence given by police officers in court?

Answer 12

s33 of the Evidence Act 1995

Question 13

Brief of evidence to be served on the accused? (Not guilty)

Answer 13

s183 of the Criminal Procedure Act 1986

Question 14

Vulnerable persons?

Answer 14

cl 28 (1) of LEPRR 2016

Question 15

When a crime scene may be established?

Answer 15

s90 of LEPRA 2002

Question 16

Marking premises or property?

Answer 16

s4 of the Graffiti Control Act 2008

Question 17

Offensive language?

Answer 17

s4A of the Summary Offences Act

Question 18

Age of criminal responsibility?

Answer 18

s5 of the Children (criminal proceedings) Act 1987

Question 19

Power to search vehicles and seize things without warrant?

Answer 19

s36 of LEPRA

Question 20

When are police justified to use their firearms?

Answer 20

You are only justified in discharging your firearm when there is an immediate risk to your life, or the life of someone else, or there is an immediate risk of serious injury to you or someone else and there is no other way of preventing the risk.

Question 21

When are police justified in using handcuffs?

Answer 21

The decision to handcuff rest me you. Officer safety is paramount. Generally, you are justified in handcuffing prisoners only when they have tried to escape or to prevent escape or injury to themselves or others.

Question 22

When are police justified in using a taser?

Answer 22

Officers should consider all tactical options available to them in the Tactical Operations Model. Before removing the CEW from the holster, officers will assess if the deployment of the CEW is the best option for the prevailing situation having regard to criteria to discharge a Taser to:
- protect human life
- protect yourself or others where violent confrontation or violent resistance is occurring or imminent
Protect and officer in danger of being overpowered or to protect themselves or another person from the risk of actual bodily harm
- protection from animals

Question 23

Power to enter emergencies?

Answer 23

s9 of LEPRA

Question 24

Power to search persons and seize and detain things without warrant?

Answer 24

s21 of LEPRA 2002

Question 25

Power to search persons for dangerous implements without warrant in public places and schools?

Answer 25

s23 of LEPRA 2002

Question 26

What is the wording for s139 of the Evidence Act 1995? (Official caution)

Answer 26

I am going to ask you some questions in relation to… you do not have to say or do anything if you do not want to. Do you understand that? I will record what you say or do. I can use this recording in court. Do you understand that?

Question 27

What is the wording for cl 9i of the Criminal Procedures Regulation 2017?

Answer 27

This statement made by me accurately sets out the evidence that I would be prepared, if necessary, to give in court as a witness. The statement is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I will be liable to prosecution if I have wilfully stated in it anything that I know to be false or do not believe to be true.

Question 29

Police officer to request proof of identify?

Answer 29

s19 of LEPRA