Policing Act 2008 Flashcards
What does Section 32 of the Policing Act 2008 refer to?
Identifying particulars of a person in custody
May take identifiers (name, DOB, address, photo, prints etc.) of a person in lawful custody at a police station (or other such place used by Police)
Particulars must be taken in a reasonable manner, and reasonable force may be utilized.
If offender refuses, first caution, and if they continue to refuse they commit an offence.
What does Section 33 of the Policing Act 2008 refer to?
Identifying particulars for summons
When you have GCTS someone has committed an offence, and intend to proceed by way of summons, a constable may detain that person in any place and take their particulars.
May only detain for as long as it takes to obtain particulars.
Must obtain particulars in a reasonable manner, and use of reasonable force is permitted.
If the person refuses to comply, caution, if they continue, they commit an offence.
What does Section 36 of the Policing Act 2008 refer to?
Care & Protection of an intoxicated person
A constable may detain a person who is intoxicated, if that person is in a public place or trespassing, and the person is:
a) incapable of looking after themselves, or
b) likely to cause harm to another, or
c) cause significant damage to any property.
Once detained, police can (in order of priority):
a) take the person home (unless address not attainable, unsafe or impractical)
b) take to a temporary shelter (not run by police) (unless closed or unavailable)
c) take to a police station for up to 12 hours to sober up.
Note: further extentions for detention in police custody must be signed off by a health practitioner (can sign off for up to another 12 hours).
