Policing Act 2000

Question 1

Define Section 32 of the Policing Act 2008

Answer 1

Police may obtain identifying particulars of a person who is in lawful custody of the Police and is detained for committing an offence and is at a police station or any place being used for police purposes.

Must obtain them in a reasonable manner and use reasonable force.

A person who after being cautioned fails to comply with a direction commits and offence any is liable for 6 months imprisonment and $5000 fine.

• Name address date of birth
• Photograph
• Fingerprints

Question 2

Define Section 33 of the Policing Act 2008.

Answer 2

In relation to a summons. May detain to obtain identifying particulars. Only for the period necessary to obtain the fingerprints.

Question 3

Define Section 36 of the Policing Act 2008

Answer 3

If located intoxicated in a public place or intoxicated while trespassing on private property Police may detain and take to custody if:

• Incapable of protecting themself from physical harm.
• Likely to cause physical harm to another person.
• Likely to cause damage to any property.

The constable is satisfied it’s not reasonably practical to provide for the persons care and protection by:

• Taking them home
• Taking them to a temporary shelter

Must be released as soon as not intoxicated. Can not hold longer than 12 hours.

Question 4

The test for prosecution

Answer 4

• The evidential sufficiently test.
• The public interest test.