Police Powers Pocket Guide Flashcards
Endorsement VERBATIM
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.
Caution VERBATIM
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/We will record what
you say or do. I/We can use this recording in court. Do
you understand that?
What is LEPRA 2002? VERBATIM
Law Enforcement (Powers and Responsibilities) Act 2002
Law Enforcement (Powers and Responsibilities) Act 2002 - Section 11
Identity may be required to be disclosed
Law Enforcement (Powers and Responsibilities) Act 2002 - Section 11
Identity may be required to be disclosed
A Police Officer may require a person whose identity is unknown to disclose their identity - if the police officer suspects on reasonable grounds that the person may be able to assist in the investigation of an alleged indictable offence - because they were at or near - before, during or after
A Police officer may also require a persons identity if the officer proposes to give a direction to leave a place
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(1) A police officer may require a person whose identity is unknown to the officer to disclose his or her identity if the officer suspects on reasonable grounds that the person may be able to assist in the investigation of an alleged indictable offence because the person was at or near the place where the alleged indictable offence occurred, whether before, when, or soon after it occurred.
(A police officer may require a persons name and or address or both if there are reasonable grounds that the person may be able to assist in investigation of AN INDICTABLE OFFENCE because the person was at or near the place the offence occurred - whether that before, during or after the offence occurred)
(2) A police officer may require a person whose identity is unknown to the officer to disclose his or her identity if the officer proposes to give a direction to the person in accordance with Part 14 for the person to leave a place.
(A police officer may require a persons name and or address or both if the officer proposes to give a direction to leave a place i.e move on)
(Note) Part 14 = Powers to give directions
According to Law Enforcement (Powers and Responsibilities) Act 2002 - What is the definition of ‘Identity’?
“identity” of a person means the name or residential address of the person (or both).
According to Law Enforcement (Powers and Responsibilities) Act 2002 - What is the definition of “indictable offence”?
“Indictable Offence” means an offence for which proceedings may be taken on indictment, whether or not proceedings for the offence may also be taken otherwise than on an indictment.
Under Section 3 of the Criminal Procedure Act 1986, an indictable offence is an offence that may be prosecuted on indictment. Indictable offences include assault, stealing, fraud, murder, robbery and burglary.
(Under Section 3 of the Criminal Procedure Act 1986, an indictable offence is an offence that may be prosecuted on indictment) Indictable offences include assault, stealing, fraud, murder, robbery and burglary. Some of these offences, such as stealing and theft, can be dealt with either summarily (in the Magistrates Court) or on indictment (in the Supreme Court or District Court). Other offences, such as robbery, murder and serious sexual offences, may only be dealt with on indictment.
Law Enforcement (Powers and Responsibilities) Act 2002 - Section 21
Power to search persons and seize and
detain things without warrant
SIDP or SIDD
Law Enforcement (Powers and Responsibilities) Act 2002 - Section 21
Power to search persons and seize and detain things without warrant
A Police Officer may, without a warrant, stop, search and detain a person - and anything in their possession or under the control of that person, if the police officer suspects on reasonable grounds that any of the following circumstances exist:
- Stolen or unlawfully obtained (S)
- Anything used/ Intended to be used in connection with the commission of a relevant offence (I)
- In a public place a dangerous article that is being or was used in connection with the commission of a relevant offence (D)
- a prohibited plant or prohibited drug as per the Drug Misuse and Trafficking Act 1985 (P)
______________________________
(1) A police officer may, without a warrant, stop, search and detain a person, and anything in the possession of or under the control of the person, if the police officer suspects on reasonable grounds that any of the following circumstances exists–
(a) the person has in his or her possession or under his or her control anything stolen or otherwise unlawfully obtained,
(b) the person has in his or her possession or under his or her control anything used or intended to be used in or in connection with the commission of a relevant offence,
(c) the person has in his or her possession or under his or her control in a public place a dangerous article that is being or was used in or in connection with the commission of a relevant offence,
(d) the person has in his or her possession or under his or her control, in contravention of the Drug Misuse and Trafficking Act 1985 , a prohibited plant or a prohibited drug.
(Additional info)
(2) A police officer may seize and detain–
(a) all or part of a thing that the police officer suspects on reasonable grounds is stolen or otherwise unlawfully obtained, and
(b) all or part of a thing that the police officer suspects on reasonable grounds may provide evidence of the commission of a relevant offence, and
(c) any dangerous article, and
(d) any prohibited plant or prohibited drug in the possession or under the control of a person in contravention of the Drug Misuse and Trafficking Act 1985 ,
found as a result of a search under this section.
Law Enforcement (Powers and Responsibilities) Act 2002 - Section 23
Power to search persons for dangerous
implements without warrant in public places and
schools
Law Enforcement (Powers and Responsibilities) Act 2002 - Section 23
Power to search persons for dangerous
implements without warrant in public places and
schools
A police officer may without a warrant, stop search and detain a person who is in a public place or school – and anything in possession of/under their control – if the police officer suspects on reasonable grounds that the person has a dangerous implement unlawfully in their possession/under their control
If person is in school, police may search their locker and any bag.
If the person is in a location of high incidence of violent crime - can use this for reasonable grounds to suspect person has a dangerous implement
Searching student as school, a police officer must if reasonably possible. allow student to nominate an adult to be present during search.
“locker” includes any facility for the storage of a student’s personal effects
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(1) A police officer may, without a warrant, stop, search
and detain a person who is in a public place or a school,
and anything in the possession of or under the control of
the person, if the police officer suspects on reasonable
grounds that the person has a dangerous implement
unlawfully in the person’s possession or under the
person’s control.
(2) To avoid doubt, if the person is in a school and is a
student at the school, the police officer may also search
the person’s locker at the school and examine any bag or
other personal effect that is inside the locker.
(3) For the purposes of this section, the fact that a person
is present in a location with a high incidence of violent
crime may be taken into account in determining whether
there are reasonable grounds to suspect that the person
has a dangerous implement in the person’s possession or
under the person’s control.
(4) In conducting a search of a student in a school under
this section, a police officer must, if reasonably possible to
do so, allow the student to nominate an adult who is on
the school premises to be present during the search.
Law Enforcement (Powers and Responsibilities) Act 2002 - Section 27
Power to carry out search on arrest
DEOEO
Law Enforcement (Powers and Responsibilities) Act 2002 - Section 27
Power to carry out search on arrest
Police Officer may search a person after arrest if the police officer suspects on reasonable grounds that it is prudent to do so in order to know if the person is carrying :
D - be a DANGER to a person
E - Assist a person to ESCAPE lawful custody
O - Related to an OFFENCE that has been committed
E - a thing that would provide EVIDENCE of an offence
O - Used or intended to be used in connection with the commission of an OFFENCE
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(1) A police officer who arrests a person for an offence or under a warrant, or who is present at the arrest, may search the person at or after the time of arrest, if the officer suspects on reasonable grounds that it is prudent to do so in order to ascertain whether the person is carrying anything–
(a) that would present a danger to a person, or
(b) that could be used to assist a person to escape from lawful custody, or
(c) that is a thing with respect to which an offence has been committed, or
(d) that is a thing that will provide evidence of the commission of an offence, or
(e) that was used, or is intended to be used, in or in connection with the commission of an offence.
(2) A police officer who arrests a person for the purpose of taking the person into lawful custody, or who is present at the arrest, may search the person at or after the time of arrest, if the officer suspects on reasonable grounds that it is prudent to do so in order to ascertain whether the person is carrying anything–
(a) that would present a danger to a person, or
(b) that could be used to assist a person to escape from lawful custody.
(3) A police officer may seize and detain a thing found in a search if it is a thing of a kind referred to in subsection (1) or (2).
(4) Nothing in this section limits section 28A.
Law Enforcement (Powers and Responsibilities) Act 2002 - Section 30
Searches generally
Law Enforcement (Powers and Responsibilities) Act 2002 - Section 30
Searches Generally
In conducting the search of a person, a police officer may–
(a) quickly run his or her hands over the person’s outer clothing, and
(b) require the person to remove his or her coat or jacket or similar article of clothing and any gloves, shoes, socks and hat (but not, except in the case of a strip search, all of the person’s clothes), and
(c) examine anything in the possession of the person, and
(d) pass an electronic metal detection device over or in close proximity to the person’s outer clothing or anything removed from the person, and
(e) do any other thing authorised by this Act for the purposes of the search.
Law Enforcement (Powers and Responsibilities) Act 2002 - Section 31
Strip searches
Law Enforcement (Powers and Responsibilities) Act 2002 - Section 31
Strip searches
A police officer may carry out a strip search of a person if–
(a) in the case where the search is carried out at a police station or other place of detention–the police officer suspects on reasonable grounds that the strip search is necessary for the purposes of the search, or
(b) in the case where the search is carried out in any other place–the police officer suspects on reasonable grounds that the strip search is necessary for the purposes of the search and that the seriousness and urgency of the circumstances make the strip search necessary.
Law Enforcement (Powers and Responsibilities) Act 2002 - Section 32
Preservation of privacy and dignity during
search
Law Enforcement (Powers and Responsibilities) Act 2002 - Section 32
Preservation of privacy and dignity during
search
(1) A police officer who searches a person must, as far as is reasonably practicable in the circumstances, comply with this section.
(2) The police officer must inform the person to be searched of the following matters–
(a) whether the person will be required to remove clothing during the search,
(b) why it is necessary to remove the clothing.
(3) The police officer must ask for the person’s co-operation.
(4) The police officer must conduct the search–
(a) in a way that provides reasonable privacy for the person searched, and
(b) as quickly as is reasonably practicable.
(5) The police officer must conduct the least invasive kind of search practicable in the circumstances.
(6) The police officer must not search the genital area of the person searched, or in the case of female or a transgender person who identifies as a female, the person’s breasts unless the police officer suspects on reasonable grounds that it is necessary to do so for the purposes of the search.
(7) A search must be conducted by a police officer of the same sex as the person searched.
(7A) However, if a police officer of the same sex as the person who is to be searched is not immediately available, a police officer may delegate the power to conduct the search to another person who is–
(a) of the same sex as the person to be searched, and
(b) of a class of persons prescribed by the regulations for the purposes of this subsection.
The search by that other person is to be conducted under the direction of the police officer and in accordance with provisions of this Act applying to searches conducted by police officers.
(8) A search of a person must not be carried out while the person is being questioned. If questioning has not been completed before a search is carried out, it must be suspended while the search is carried out.
(8A) Subsection (8) does not prevent the asking of questions that only relate to issues of personal safety associated with the search.
(9) A person must be allowed to dress as soon as a search is finished.
(10) If clothing is seized because of the search, the police officer must ensure the person searched is left with or given reasonably appropriate clothing.
(11) In this section–
“questioning” of a person means questioning the person, or carrying out an investigation (in which the person participates).
Definition of “Dangerous Implement”
Dangerous M I L K
- Dangerous article or
- anything MADE or adapted for use of causing injury
- anything INTENDED to menace, injure or damage property
- Laser pointer
- Knife (knife blade, razor blade, or other blade)
___________________________
“dangerous implement” means–
(a) a dangerous article, or
(b) a knife (including a knife blade, razor blade or any other blade), or
(c) any other implement made or adapted for use for causing injury to a person, or
(d) anything intended, by the person having custody of the thing, to be used to injure or menace a person or damage property, or
(e) a laser pointer,
but does not include anything that is of a class or description declared by the regulations to be excluded from this definition.
Definition of Dangerous Article
Prohibited S A F E
- Prohibited Weapon (Within the meaning of the Weapons Prohibition act 1998)
- Spear Gun
- A device (not firearm) capable of discharging any irritant (liquid, powder, gas, chemical) or able to cause bodily harm
- Firearm, spare barrel, ammunition
- detonator or fuse/detonator capable of use with an EXPLOSIVE
________________________
“dangerous article” means–
(a) a firearm, a spare barrel for any such firearm, or any ammunition for any such firearm, or
(b) a prohibited weapon within the meaning of the Weapons Prohibition Act 1998 , or
(c) a spear gun, or
(d) an article or device, not being such a firearm, capable of discharging by any means–
(i) any irritant matter in liquid, powder, gas or chemical form or any dense smoke, or
(ii) any substance capable of causing bodily harm, or
(e) a fuse capable of use with an explosive or a detonator, or
(f) a detonator.
