Policing Act 2008 Flashcards
What does section 32 of the policing act 2008 relate to?
- ID particulars of a person in custody
- what powers does it give you?
A constable may take the identifying particulars of a person who is in the lawful custody of police if that person is detained for committing an offence and is
(a) at a police station OR
(b) at a place being used for police purposes
6 months imprisonment or $5000 fine
What are identifying particulars?
- name, address and DOB
- photographs or visual image
- fingerprints
What powers exist in relation to getting identifying particulars in relation to serving a summons on an offender?
A constable may take identifying particulars (including photographs) from a person whom they intend to bring a proceeding against that person by way of summons.
Under section 36 of the policing act 2008 - what powers does it give police in relation to intoxicated people in public?
A constable who finds a person intoxicated in a public place or trespassing on private property may detain and take that person into custody if the constable believes on reasonable grounds that a person is:
(i) incapable of protecting himself/herself
(ii) likely to cause physical harm to another person
(iii) likely to cause significant damage to any property AND
The constable is satisfied it is not reasonably practicable to provide for the person’s care by taking them to his/her place of residence or to a temporary shelter.
How long can you detain any intoxicated person?
The person MUST be released as soon as the person is NO longer intoxicated or NO longer than 12 hours.
The person can be detained for a further 12 hours if recommended by a health practitioner.
Define intoxicated
Observably affected by alcohol, other drugs or substances to such a degree that speech, balance, or coordination or behaviour is clearly impaired.
