Policing Act Flashcards

1
Q

Care of intoxicated persons

A

May take into custody if RGB
- incapable of protecting themselves from harm
- may harm another
- may cause prop damage

And it was not reasonably practicable to take home or to a shelter.

Must be released when sober and no longer than 12 hours without Dr recommendation.

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2
Q

What is evidential sufficiency

A

Evidence is sufficient to provide a reasonable prospect of conviction AND
Required in the public interest

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3
Q

TASER - what is required for a SHOW

A

Notify supervisor ASAP, TOR and upload if ARC used.

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4
Q

TASER - supervisors actions on use

A

Determine if a need to attend in person (facetime?)
Aftercare where necessary
Ensure scene preserved / photos
Evidence collected (probes,tags)
Subject examined by Dr (or qual Ambo) - and recorded
TOR
Upload footage

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5
Q

Firearms. Possible interventions for non compliance

A

Educate
Warning letter
Improvement notice for corrective action
Prescribe conditions
Temp suspension / notice of revocation
Revoke licence or endorsement

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6
Q

Factors for consideration in firearms interventions

A

Extent of harm or self harm
Conduct (one off or pattern)
Public interest
Attitude to compliance

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7
Q

Trespassing with firearm

A

May be disqualified for holding a f/arms licence for 2 years

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8
Q

Firearms and PSOs

A

s40 FV Act.
If PSO issued, f/arms licence is suspended

s37 FV Act
Bound person MUST immeadiately surrender any FAPRAE under their control to a constable

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9
Q

Protection Orders and Firearms.

When police receive a copy of a TPO or a PO

A

Must immeadiately establish if respondent holds f/arms licence
If TPO, consideration to revoke after assessment by Insp (or higher)

If TPO is discharged or not finalised, no revocation.

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10
Q

Standard conditions of Protection Orders regarding firearms

A

Respondent not to possess/have under control FAPRAE
Not to hold f/arms licence (must surrender)

If licence revoked at court, not allowed to hold f/arms licence for 10years from date of final PO

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11
Q

Fit and proper person to hold licence.

What considerations are there when considering if a person meets that criteria ?

A
  • Unlawful, dangerous, unsafe behaviour
  • Non compliance
  • Lacking judgement
  • Poor decision making
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12
Q

You are not a fit and proper person if…

A
  • Charged/convicted offence punishable by imprisonment (including violence, drugs, alcohol)
  • Charged/convicted f/arms offence or wildlife or poaching acts
  • FV against protected person
  • Mental physical impairment effect ability to safely possess f/arm
  • Alcohol or drug abuse
  • Gang of OCG close affiliation
  • Behaviour demonstrating hatred, violence
  • Risk to state security
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13
Q

Warrantless searches for firearms

A

RGS person possess/control FAPRAE and is
- breaching Arms Act; or
- physical / mental condition incapable proper control may kill/GBH
- Protection Order in place (or grounds for one);

May without warrant
- enter place to search
- search person, search anything in their possession (inc vehicle),
- seize and detain arms / licence

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