Powers. Flashcards
Recite the ‘Caution’
I am going to ask you some questions in relation to…You do not have to say or do anything if you do not want to. Do you understand that?
I/We will record what you say or do. I/We can use this recording in court. Do you understand that?
Recite the Endorsement:
This statement made by me accurately sets out the evidence that I would be prepared, if necessary, to give in court as a witness. The statement is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I will be liable to prosecution if I have wilfully stated in it anything that I know to be false or do not believe to be true.
- A police officer may, without a warrant, arrest a person if:
- (a)the police officer suspects on reasonable grounds that the person is committing or has committed an offence,
- and
- (b) the police officer is satisfied that the arrest is reasonably necessary for any one or more of the following reasons:
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•To stop the person fleeing from a police officer or from the location of the offence,
•To enable inquiries to be made to establish the person’s identity if it cannot be readily established or if the police officer suspects on reasonable grounds that identity information provided is false,
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•To obtain property in the possession of the person that is connected with the offence,
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- To prevent the harassment of, or interference with, any person who may give evidence in relation to the offence,
- To protect the safety or welfare of any person (including the person arrested)
- Because of the nature and seriousness of the offence.
•To stop the person committing or repeating the offence or committing another offence,
To ensure that the person appears before a court in relation to the offence,
- To preserve evidence of the offence or prevent the fabrication of evidence,
Justifications for OC spray: (3).
- Protection of human life
- less lethal option for controlling people where violent resistance or confrontation occurs.
- Protection against animals.
Justifications for Batons:
- decision rests with you
- if in danger of being overpowered or to protect yourself or others from injury.
- Force must always be reasonable
Justifications for Firearms:
- only justified when there is an immediate risk to your life or the life of someone else.
- or an immediate risk of serious injury to you or someone else and no other way to prevent the risk.
Justifications for Handcuffs:
- Decision rests with you.
- Officer safety is paramount.
- justify prisoners when they have tried to escape.
- or prevent escape or injury to themselves or others.
Justifications for Conducted Electrical Weapon:
- Protect human life
- protect yourself or others where a violent confrontation or violent resistance is occurring or imminent.
- protect officers in danger of being overpowered or to protect themselves or another person from actual bodily harm.
- Protection against animals.
Law Enforcement (Powers and Responsibilities) Act 2002 - Section 202.
I - Inform reason for exercise of power
P - Provide name and station
E - Evidence of police officer.
Law Enforcement (Powers and Responsibilities) Act 2002 - section 90. Crime Scenes.
The three instances crime scenes can be created?
- Traffic accident that has resulted in the death of or serious injury to a person is being, or was, or may have been, committed on the premises and that it is reasonably necessary to establish a crime scene
- A serious indictable offence is being, or was, or may have been, committed on the premises.
- Evidence of the commission of a serious indictable offence.
- is reasonably necessary to establish a crime scene in or on the premises to preserve, or search for and gather evidence.
Law Enforcement (Powers and Responsibilities) Act 2002 - Section 9 Power to enter Emergencies:
3 reasons police can enter on reasonable grounds?
- breach of the peace
- a person has suffered a significant injury or there is an imminent danger of significant physical injury to a person.
- a body of a person who has died is on the premises.
Law Enforcement (Powers and Responsibilities) Act 2002 - Section 197.
CHOPS reasons for the giving of move on directions under this section?
C - Causing fear to the public
H - Harassing or intimidating another person/s
O - Obstructing traffic or another person/s
P - Procuring or purchasing any prohibited drug
S - selling or supplying a prohibited drug.
Law Enforcement (Powers and Responsibilities) Act 2002 - Section 198. Relevant conduct for the move on direction of intoxicated people includes? (2).
- is likely to cause injury to any other person or persons, damage to property, or otherwise give rise to the risk to public safety.
- is disorderly.
Law Enforcement (Powers and Responsibilities) Act 2002 - Section 198. subsection (5) A person is intoxicated if?
- the persons speech, balance, co-ordination or behaviour is noticeably affected.
Law Enforcement (Powers and Responsibilities) Act 2002 - Section 21, Power to search persons and seize and detain things without a warrant.
4 criteria for which when using reasonable suspicion, Police can search without a warrant?
- a person under his or her control has anything stolen, or unlawfully obtained.
- a person has under his or her control anything used or intended to be used in the connection with the commission of a relevant offence.
- a person under his or her control in a public place has a dangerous article that is in connection with a relevant offence.
- a person is in contravention of the drug misuse and trafficking act 1985, a prohibited plant or drug.
