Policing act 2008

Question 1

Section 32 - Identifying particulars of person in custody

Answer 1

(1) The purpose is to obtain information that may be used now or in the future by the Police for any lawful purpose.

(2) Constable may take the identifying particulars of a person who is in the lawful custody of the Police if that person is detained for committing an offence and is
at a Police station; or any other place being used for Police purposes.

(3) A constable—
(a)
must take the person’s identifying particulars in a manner that is reasonable in the circumstances; and
(b)
may only use reasonable force that may be necessary to secure the person’s identifying particulars.

(4) A person who, after being cautioned, fails to comply with a direction of a constable exercising his or her powers under this section—
(a)
commits an offence; and
(b)
is liable on conviction to imprisonment for a term not exceeding 6 months, to a fine not exceeding $5,000, or to both.

(5) In this section and section 33,—
identifying particulars means, in relation to a person, any or all of the following:

(a) the person’s biographical details (for example, the person’s name, address, and date of birth):

(b) the person’s photograph or visual image:

(c) impressions of the person’s fingerprints, palm-prints, or footprints place includes any land, building, premises, or vehicle.

Question 2

Section 33 Policing act. - Identifying particulars for summons

Answer 2

Identifying particulars for summons

(1) The purpose of this section is to enable the Police to obtain information that may be used now or in the future by the Police for any lawful purpose.

(2) For the purpose of this section, a constable who has good cause to suspect a person of committing an offence and who intends to bring proceedings against the person in respect of that offence by way of summons, may detain that person at any place—
(a)
in order to take the person’s identifying particulars; and
(b)
only for the period necessary to take the person’s identifying particulars.
(3) A constable—
(a)
must take the person’s identifying particulars in a manner that is reasonable in the circumstances; and
(b)
may only use reasonable force that may be necessary to secure the person’s identifying particulars.
(4)
A person who, after being cautioned, fails to comply with a direction of a constable exercising his or her powers under this section—
(a)
commits an offence; and
(b)
is liable on conviction to imprisonment for a term not exceeding 6 months, to a fine not exceeding $5,000, or to both.

Question 3

Section 36 of Policing Act 2008 - Care and protection of intoxicated people

Answer 3

Care and protection of intoxicated people

(1)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 reasonably believes that the person is
incapable of protecting himself 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 it is not reasonably practicable to provide for the person’s care and protection by—
taking the person to his or her place of residence; or

taking the person to a temporary shelter.

(2) A person detained under subsection (1)—
(a)
must be released as soon as the person ceases to be intoxicated and or held no longer than 12 hours.

(4) In this section,—
intoxicated means observably affected by alcohol, other drugs, or substances to such a degree that speech, balance, co-ordination, or behaviour is clearly impaired
temporary shelter means a place (other than a place operated by the Police) that is capable of providing for the care and protection of an intoxicated person.

(5) Section 31 of the Crimes Act 1961 applies in respect of the power to detain and take a person into custody under this section as if the power were a power of arrest.