Policing Act Flashcards
32 ID particulars
Detained for offence and at station or place used as
Must take particular and reasonable force if needed
Offence to not comply - 6months or $5k
ID
Biographical details
Photo
Fingerprints/palm/foot
33 ID Particulars for Summons
Intend proceedings for offence may detain any place to take ID particulars and for necessary period
Take in reasonable manner and use reasonable force if necessary
Offence to refuse after being cautioned
6month or up to $5k
36 intoxicated persons
In public place or while trespassing in private
Detain into custody if believes
Incapable of protect self from physical harm
Harm to another
Significant damage to property
C&P not reasonably practical at place of residence or temporary shelter
Release once sober
No longer than 12hrs a unless health prac recommends for up to another 12
Uses 31 as if power of arrest
Test for prosecution
Reasonable prospect of conviction
Required in public interest
Evidential Test
Evidence reasonably expected to satisfy beyond reasonable doubt
Includes
Identifiable individual
Credible evidence
Evidence can be adduced - legal and reliable
Prospect of conviction
Beyond reasonable doubt
Ingredients of offence