Policing Act 2008 Flashcards
What does s32 of the Policing Act relate to?
What powers does it give you?
Identifying particulars of a person in custody
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/$5000 fine
What are identifying particulars?
Name, address and DOB
Photograph 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 the identifying particulars (including photograph) from a person whom they intend to bring a proceeding against by way of a summons
Under s36 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 public or trespassing on private property may detain and take that person into custody if the constable believes on reasonable grounds that the person is:
Incapable of protecting himself or herself
Likely to cause physical harm to another person
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 or her place or residence or to a temporary shelter
How long can you detain an intoxicated person?
The person must be released as soon as the person is no longer intoxicated or no longer than 12hrs
The person can be detained for a further 12hrs of recommended by a health practitioner
Define intoxication?
Observably affected by alcohol, other drugs or substances to such a degree that speech, balance and co-ordination or behavior is clearly impaired
