Policing Act 2008 Flashcards
Section 32 Policing Act
Identifying Particulars of person in custody
Enables police to obtain information that may be used now or in the future by the Police for any lawful purpose.
A person who after being cautioned fails to comply under this section commits an offence liable to conviction to a term of imprisonment not exceeding 6 months to a fine not exceeding $5000 or both
Identifying particulars means in relation to a person any or all of the following
-name address date of birth (biographical details)
- photograph or visual image
- impressions of the persons fingerprints, palm prints or footprints
Section 33 Policing Act
Identifying particulars for summons
Section 36 policing Act
Care and protection of intoxicated people
A Constable who finds a person intoxicated in a public place or intoxicated while trespassing on private property may detain and take the person into custody if
- the Constable on reasonable grounds believes the person is incapable of protecting him or herself from physical harm or likely to cause physical harm to another person or likely to cause significant damage to any property and the Constable is satisfied that it is not reasonably practicable to provide for the persons care and protection by taking the person home or to a temp shelter.
Must be released as soon as no longer intoxicated
Must not be detained for more than 12 hours unless a health practitioner recommends that person be detained for a further period not exceeding 12 hours.
