Policing Act Flashcards
Policing Act 2008
Can you use force to obtain fingerprints or other identifying particulars when using s32, 33?
Yes. As long as it’s reasonable.
Policing Act 2008
If someone is in your custody after committing an offence, where do you have to be to take their fingerprints?
Any place.
Policing Act 2008
What is Section 32?
Identifying particulars of persons in custody.
1) You can take identifying particulars from someone in custody. You can do this at any place.
2) They must be taken in a reasonable manner and any force used must be reasonable.
3) If they don’t comply, after being cautioned, they can be charged with an offence - 6 months / $5000
Policing Act 2008
What are examples of identifying partiuclars that can be taken under section 32 and 33 of the Policing Act 2008?
1) biographical details. Name, address, DOB etc.
2) the person’s photograph or visual image
3) fingerprints, palm-prints, footprints
Policing Act 2008
What is Section 33?
Identifying particulars for summons
1) If you have good cause to SUSPECT an offence and you INTEND to bring proceedings against the person, you can DETAIN that person at ANY PLACE in order to:
- take the person’s identifying particulars
- only for the period necessary to take the particulars
2) The manner must be reasonable and any force used must be reasonable
3) If they don’t comply, after being cautioned, they can be charged with an offence - 6 months / $5000
Policing Act 2008
What is Section 36?
Care and protection of intoxicated persons
A Constable who finds a person intoxicated in public or while trespassing on a private property, may detain and take the person into custody if the person is:
a) (i) incapable of protecting themself from physical harm OR
(ii) likely to cause physical harm to another person, OR
(iii) likely to cause significant damage to property AND
b) the Constable is satasfied that it’s not reasonably practicable to provide for their care and protection by:
(i) taking them home
(ii) taking them to a temporary shelter
(2) a person detained under this section:
(a) must be released as soon as they cease to be intoxicated
(b) must not be detained for longer than 12 hours after the person is FIRST detained, unless a health practitioner recommends that the person be further detained for a period not exceeding 12 hours.
Policing Act 2008
How long can you detain someone under s36?
Until they cease to be intoxicated but not longer than 12 hours.
A health practitioner can recommend that the person is held for a further period not exceeding 12 hours.
Policing Act 2008
When can / why would a health practitioner recommend that a person is held for longer than 12 hours for detox?
- the person remains intoxicated and is incapable of protecting themselves from physical harm
- the person doesn’t have any health need that may require medical attention
- taking them home or to a temporary shelter wouldn’t be reasonable practicable to provide for the person continued care and protection
Policing Act 2008
What is the definition of intoxicated for s36 of the Policing Act?
Observably affected by alcohol, other drugs, or substances to such a degree that speech, balance, co-ordination, or behaviour is clearly impaired.
Policing Act 2008
What is the definition of temporary shelter for s36 of the Policing Act?
Means a place (other than a place operated by the Police) that is capable of providing for the care and protection of an intoxicated person.
Policing Act 2008
A neighbour calls about their extremely intoxicated neighbour. Police arrive and find the 1K male inside his home in a state where he is unable to look after himself. Can you detain the male under s36 for detox?
No. He must be in a public place or be trespassing on private property.
Policing Act 2008
You find a 1C male on the footpath and stop him to ask him about what he’s doing. You want to take a photo of him for a noting. Can you detain the male under s33 of the Policing Act to take his photo?
No.
You need to suspect a certain offence has occurred and intend to charge him with that offence by way of summons.
