Policing Act Flashcards
Care of intoxicated persons
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.
What is evidential sufficiency
Evidence is sufficient to provide a reasonable prospect of conviction AND
Required in the public interest
TASER - what is required for a SHOW
Notify supervisor ASAP, TOR and upload if ARC used.
TASER - supervisors actions on use
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
Firearms. Possible interventions for non compliance
Educate
Warning letter
Improvement notice for corrective action
Prescribe conditions
Temp suspension / notice of revocation
Revoke licence or endorsement
Factors for consideration in firearms interventions
Extent of harm or self harm
Conduct (one off or pattern)
Public interest
Attitude to compliance
Trespassing with firearm
May be disqualified for holding a f/arms licence for 2 years
Firearms and PSOs
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
Protection Orders and Firearms.
When police receive a copy of a TPO or a PO
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.
Standard conditions of Protection Orders regarding firearms
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
Fit and proper person to hold licence.
What considerations are there when considering if a person meets that criteria ?
- Unlawful, dangerous, unsafe behaviour
- Non compliance
- Lacking judgement
- Poor decision making
You are not a fit and proper person if…
- 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
Warrantless searches for firearms
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