Policing Powers & Professionalism Flashcards
What are the 5 core principals of policing? (PAA78, Section 5)
Introduction to Policing in the NT
- To uphold the law and maintain social order
- To protect life and property
- To prevent, detect, investigate and prosecute offences
- To manage road safety education and enforcement measures
- To manage the provision of services in emergencies
Fill the Gap
Section 134(1)
Arrest
This section applies in relation to a person if a member believes on reasonable grounds that the person may be able to assist the member in the member’s inquiries in connection with an offence that has been, may have been, or may be committed.
Under section 134(1), what must an officer hold in order to require a person to provide their details?
Arrest
Belief on reasonable grounds that the person may be able to assist the member in their inquiries in connection with an offence that has been, may have been, or may be committed.
Under section 134(2), if a person’s name or address is unknown to the member, the member may require them to do either or both of:
Arrest
- State the person’s name and the address of the person’s usual place of residence or work
- Produce evidence of the person’s identity.
Under section 134(3), what must an officer do when giving a requirement under section 134(2)?
Arrest
The member must warn the person that it is an offence to contravene the requirement unless the person has a reasonable excuse.
Under section 134(4), what is the penalty for contravening a requirement under section 134(2)?
Arrest
4 penalty units
Under section 134B(1), what may a person require a member who has given that person a requirement under section 134 or 134A to do?
Arrest
- Inform the person of the member’s name, rank, and place of duty
- Give the information mentioned in paragraph (a) to the person in writing. (paragraph (a) is the bullet point above this one)
Under section 127(1), what are our obligations if we arrest a person?
Arrest
An officer who arrests a person for an offence shall inform the person at the time of arrest or as soon as practicable thereafter, of the offence for which he is arrested
Under section 127(2), what are the conditions of complying with section 127(1)?
Arrest
- A member who arrests a person for an offence shall have complied with 127(1) if he informs the person of the substance of the offence for which they are arrested
- It is not necessary to do so in a language of precise or technical nature
Under section 127(3), when does section 127(1) not apply?
Arrest
- If the person ought, by reason of the circumstances in which he is arrested, to know the substance of the offence for which he is arrested; or
- If the person arrested makes it impracticable by reason of his actions, for the member effecting the arrest to inform him of the offence for which he is arrested.
Under section 144(1), what are the provisions surrounding searching a person in custody?
Arrest
A member may search a person in lawful custody, including the clothing the person is wearing and any property in the person’s immediate possession, and may use force that is reasonably necessary to conduct the search.
Under section 144(1), in addition to the person arrested, what else can be searched?
Arrest
Any property in the person’s immediate possession
Under section 144(1), what level of force can be used to effect a search?
Arrest
Force that is reasonably necessary to conduct the search
Fill the Gaps
Section 144(2) - (seizing weapons from a person)
Arrest
A member may seize any restricted weapon or other article capable of being used to inflict injury on a person or assist in an escape from custody, or anything relating to any offence, found as a result of a search under subsection (1)
Under section 144(3), when may a member remove clothing from a person?
Arrest
If the member has reasonable grounds to believe that the removal and examination and detention of such clothing may afford evidence of the commission of an offence, and the person is provided with adequate clothing to replace the clothing removed.
Fill the Gaps
Section 123 - (arrest without a warrant)
Arrest
A member may, without warrant, arrest and take into custody any person where he believes on reasonable grounds that the person has committed, is committing, or is about to commit an offence.
Under section 123 (arrest without warrant), can you arrest a person if you suspect that they have committed an offence?
Arrest
No, you must believe on reasonable grounds that they have committed an offence. Suspicion is not sufficient.
Under the General Order for arrest, a person should be arrested as a last resort. In relation to deciding whether to arrest a person, what does the acronym CARPS stand for?
Arrest
- Continuation – to prevent the continuation or repetition of an offence
- Appearance – If it is unlikely that they will appear in court via summons
- Risk – to prevent risk of further offending or danger to the public
- Person Intoxicated – If the person is intoxicated to the extent that they will not understand their obligation to appear in court via a summons.
- Seriousness – If the charge is of a serious nature.
What are the 3 main elements of making a lawful arrest?
Arrest
- A sufficient act of arrest (The act must signify that the person is under arrest, such as placing a hand on a person)
- Inform the person that they are under arrest (s127)
- Inform the person of the reason for the arrest (s127)
When does section 133AB(1) apply? (Taking custody of persons for infringement notices)
Arrest
- When a member has arrested a person without warrant under section 123; AND
- The person was arrested because the member believed on reasonable grounds that the person had committed, was committing, or was about to commit an offence that is an infringement notice offence.
Under section 133AB(2), how long can a person be held in custody?
Arrest
- Up to 4 hours
- If the person is intoxicated, they can be held for longer than 4 hours until the member believes on reasonable grounds that the person is no longer intoxicated.
What is a warrant?
Arrest
A warrant is a written order of a court or justice to instruct or authorize a person or persons to take the action specified in the warrant.
What is a mesne warrant?
Arrest
A warrant issued for a person who has failed to appear before court after being granted bail previously (either by police of a Justice).
Where does a warrant go after being executed?
Arrest
Back to the court that issued it.
What are the 5 alternatives to arrest?
Alternatives to Arrest
- Summons
- Notice to Appear
- Infringement Notice
- Pre-court diversions cautions/warnings
- Cautions / warnings
What is a summons?
Alternatives to Arrest
A summons is a legal document that orders an individual to appear in court, without the need for arrest. The person is not formally charged at a watch house and is not on bail conditions.
What are the three most common summons encountered by police?
Alternatives to Arrest
- Defendant summons
- Witness summons
- Subpoena
When can a Notice to Appear be issued?
Alternatives to Arrest
- A member who believes on reasonable grounds that a person has committed an offence may issue a notice requiring the person to appear before the local court in respect of the offence
- The member must issue the notice to appear in triplicate and service one copy personally on the person required to appear.
Can a Notice to Appear be issued to a youth?
Alternatives to Arrest
No. It can only be issued to a person 18 years or older.
How can a person resolve an infringement notice?
Alternatives to Arrest
By paying the penalty specified in the notice in the manner and within the time specified
When can you not apply discretion?
Alternatives to Arrest
- Offences committed against children
- Domestic violence offences/situations
- Drink and drug driving offences
- Serious criminal offences
Under section 137(1), what are the three outcomes for a person that has been taken into lawful custody (including arrest)?
*Post Arrest Procedures *
- Be brought before a court as soon as practicable
- Be granted bail under the Bail Act 1982
- Be released from custody
Under what act is a person bailed under?
*Post Arrest Procedures *
Bail Act 1982
Fill the Gaps
section 137(2) - (holding persons in custody)
*Post Arrest Procedures *
Despite any law in force in the Territory, but subject to provisions (3) and (4), a member may, for a reasonable period, continue to hold a person the member has taken into lawful custody to enable:
- The person to be questioned; or
- Investigations to be carried out
To obtain evidence of or in relation to an offence that the member believes on reasonable grounds involves the person, whether or not:
- It is the offence in respect of which the person was taken into custody; or
- The offence was committed in the Territory
And the person must not be granted bail under Part 3 or section 33 of the Bail Act 1982 while so detained, whether or not the person has been charged with an offence
Under section 137(2), what are the two reasons why a person would be held in custody?
*Post Arrest Procedures *
- To be questioned
- For further investigations to be carried out
Under section 137(2), a member may hold a person to be questioned or have further investigations conducted in relation to an offence involving that person. Under section 137(3), what are the thresholds for holding a person in custody in relation to imprisonment penalties?
*Post Arrest Procedures *
- If the offence is in respect of which the person was taken into custody, the person may be held if it is an offence which has a maximum penalty of imprisonment for any period.
- If the offence is NOT in respect of which the person was taken into custody, the person may be held if it is an offence which has a maximum penalty of at least 5 years imprisonment
Under section 137(4)(a), what are the provisions relating to holding a youth in custody?
*Post Arrest Procedures *
Every 4 hours for a period of up to 24 hours, a member of the Police Force holding the rank of Senior Sergeant or a higher rank must review and record the necessity of holding the youth for the purposes of enabling the youth to be questioned or investigations to be carried out
Under section 137(4)(b), what are the provisions relating to extending the 24 hour period of time of which a youth can be held?
*Post Arrest Procedures *
Before the expiry of the 24 hours, a member may:
* Apply to a local court to hold the youth for an additional period of up to 4 hours; and
* Make subsequent applications to a local court judge for the holding of a youth for each 4 hour period
Under section 140, what must a member inform a person in custody before any questioning or investigation commences under section 137(2)?
*Post Arrest Procedures *
- The person does not have to say anything, and that anything the person does say or do may be given in evidence
- The person may communicate or attempt to communicate with a friend or relative to inform the friend or relative of the person’s whereabouts.
Under section 140, in what circumstances can a member forgo complying with the obligations under section 140?
*Post Arrest Procedures *
If the member believes on reasonable grounds that:
* The communication would result in the escape of an accomplice or the fabrication or destruction of evidence
* The questioning or investigation is so urgent, having regard to the safety of other people, that it should not be delayed.
Under section 140, in what circumstances could a member not allow a person to contact another person?
*Post Arrest Procedures *
- If that call would result in the escape of an accomplice or the fabrication or destruction of evidence.
- For example, if a person is arrested for drug offences and the arresting member wishes to do a search warrant for drug related evidence at their address. That member may believe on reasonable grounds that such a call would result in the arrested person’s friends flushing or disposing of evidence at the address.
Under section 141, what must a member do when giving a person in custody information under section 140?
*Post Arrest Procedures *
When a member who is required by section 140 to give a person in custody the information required under that section, they shall, if practicable, electronically record the giving of that information and the person’s responses (if any)
*Note: In reality, it will always be practicable to electronically record this. Courts will expect/demand that it is recorded as such. *
Fill the Gaps
section 119(1) and 119(1A) - Searching person in serious/urgent circumstances
Search, Entry and Seizure
(1) A member may, in circumstances of such seriousness and urgency as to require and justify immediate search or entry without the authority of an order of a court or of a warrant issued under this part, without warrant:
* Search the person of, the clothing that is being worn by and property in the immediate control of, a person suspected on reasonable grounds by the member to be carrying anything connected with an offence; or
* Enter a place at which the member believes, on reasonable grounds, that anything connected with an offence is situated and search the place.
(1A) The member who exercises a power under subsection (1) may seize anything found in the course of the search if the member believes on reasonable grounds it is necessary to do so because the thing:
* Is connected with an offence; or
* May significantly increase the risk to the health or safety of a particular person or the public
Relating to section 119(1), the acronym SURJISE has been created to remember the circumstances in which powers under section 119(1) can be invoked. What does SURJISE stand for?
Search, Entry and Seizure
- Seriousness and
- Urgency as to
- Require and
- Justify
- Immediate
- Search or
- Entry
Under section 126, a member can enter a place to arrest a person under what circumstances?
Search, Entry and Seizure
A member may enter a place for the purpose of arresting a person if
* The member has to power to arrest the person under a warrant; and
* The member believes on reasonable grounds that the person is at the place
Under section 126A, a member can enter a place to arrest a person under what circumstances?
Search, Entry and Seizure
A member may enter a place for the purpose of arresting a person, without a warrant, if they believe on reasonable grounds that:
* The person is at the place; and
* The person has committed an offence punishable by a term of imprisonment exceeding 6 months.
Note: Assault is more than 6 months imprisonment
Under section 126B, a member can enter a place to protect a person under what circumstances?
Search, Entry and Seizure
For the purpose of protecting a person at a place, a member may enter a place if they believe on reasonable grounds that:
* The person has suffered, is suffering, or is in imminent danger of suffering personal injury at the hands of another; or
* Another person at the place has contravened, is contravening or is about to contravene an order under the Domestic and Family Violence Act 2007
Under section 126B, a member can enter a place to protect a child under what circumstances?
Search, Entry and Seizure
For the purpose of protecting a child at a place, a member may enter the place if the member believes on reasonable grounds that there is a serious and imminent risk to the welfare of the child.
Under section 126B, under what circumstances may a member remain at a place after entering under this section?
Search, Entry and Seizure
The member may remain at the place entered under this section for the time needed to take any reasonable action the member considers necessary to do any of the following:
* Verify the grounds of the member’s belief
* Ensure that, in the member’s opinion, no one at the place is in danger or at risk
* Prevent a breach of the peace or a contravention of the order at the place
* Assist or arrange assistance for any injured person at the place.
Under section 126C, a member may enter a place and search for restricted weapons under what circumstances?
Search, Entry and Seizure
If the member believes on reasonable grounds that:
* A restricted weapon is located at the place; and
* Leaving the restricted weapon at the place could put a person in imminent danger of suffering personal injury or an aggravation of personal injury already suffered.
Who can authorize a search warrant?
Search, Entry and Seizure
- Justice of the peace
- Magistrate
- Judge
What is required on a search warrant application?
Search, Entry and Seizure
- The full name of the police officer who is seeking the warrant
- The full list of items that it is believed is on the person or at the place that is to be searched for, with as much detail as possible in regard to identifying features.
- The precise offence(s) to which the property being sought relates
- The reasonable grounds upon which you rely
Under section 127A, what is an intoxication person
Protective Custody
A person is intoxicated if:
* The person’s speech, balance, coordination or behavior appears to be noticeably impaired and
* It is reasonable in the circumstances to believe that the impairment results from the consumption or use of alcohol or drug.
Fill the Gaps
Section 128(1) (a), (b), and (c) - (Protective Custody)
Protective Custody
A member may, without warrant, apprehend a person and take the person into custody if the member has reasonable ground for believing:
* The person is intoxicated; and
* The person is in a public place or trespassing on private property; and
* Because of the person’s intoxication, the person:
1. Is unable to adequately care for himself or herself and it is not practicable at that time for the person to be cared for by someone else; or
2. May cause harm to himself or herself or someone else; or
3. Is likely to commit an offence
Under section 129(1), how long can you hold a person in protective custody?
Protective Custody
A person who has been taken into custody under section 128 (protective custody) shall be held in custody of a member, but only for so long as it reasonably appears to the member in whose custody they are in that the person remains intoxicated
Under section 129(3), if a person is held in protective custody past midnight, what are the provisions in relation to their release in the morning?
Protective Custody
A person who has been taken into custody under section 128 who is in custody after midnight and before 7:30am may be held until 7:30am – even if the person is no longer intoxicated.
Under section 130, what are two protections that a person has who has been taken into custody under section 128 (protective custody)?
Protective Custody
- The person shall not be charged with an offence; and
- The person shall not be questioned by a member in relation to an offence.
When is a gift or benefit reportable?
- If it’s retail value is $25 or over; or
- If it could, regardless of value, create an actual or perceived conflict of interest.
What gifts/benefits are prohibited?
- Money or money equivalent items (lottery tickets, gift vouchers, etc.)
- Alcohol
- Illegal items
- Anything involved in the sex industry
- Favors or preferential treatment
- Offers or promise of future promotion, employment. Or business opportunity
- Access of NTPFES systems that is not in the capacity of official duties.
What are 5 examples of personal factors that can affect ethics?
- Own belief systems and upbringing
- Previous work experience
- Domestic problems
- Mental health issues
- Feelings of frustration or disillusionment
What is the difference between direct and indirect discrimination?
- Indirect discrimination occurs when an individual or organization imposes a requirement, condition or practice that may appear to be neutral but has a disproportionately negative impact of people with particular attributes.
- Direct discrimination occurs if a person treats or proposes to treat someone with a listed attribute, or with a different attribute, in the same or similar circumstances.
What constitutes harassment?
- Harassment any conduct that results in a person heeling threatened, uncomfortable, or unable to cope in their environment
- Includes sexual harassment, verbal abuse and threats, unwelcome remarks, jokes, innuendos, physical intimidation, and persistence and/or unwelcome physical contact.
