POWERS Flashcards
S 9 LEPRA
Power to enter in emergencies
- Stop breach of the peace
- Person has suffered significant injury/Significant injury is imment
- Person has died otherwise than the result of an offence [Permission from a supervisor is required]
S 10 Lepra
Power to enter to arrest/detain someone or execute a warrant
-Must believeon reasonable grounds the person is on the premise
S11 LEPRA
May require ID to be disclosed
- Police officer belives the person may be able to assist with the investigation of an idiatble offence
- For the purposes of giving a direction under part 14 [s197/s198]
S 19 LEPRA
- Power of Police to request proof of identity
- A police officer may request a person who is required under this Part to disclose his or her identity to provide proof of his or her identity.
S 19A LEPRA
Power of police to require removal of face coverings for identification purposes.
S 21 LEPRA
Power to search, seize and detain things without a warrant [SOAP]
Stolen- Anything stolen/unlawfully obtained
Offence- used in/connected with a relevant offence
Artice- Dangerous offensive article in public place/connected to relevant offence
Prohibited- Prohibited plant/substance
S 23 of LEPRA
Power to search person for dangerous implements without warrant [In a public place or school]
- Dangerous [knife or blade] or offensive [designed to hurt injure someone] implement
- Laser pointer
- If person is in a school or a student at a school police office may search person’s bags/lockers/personal effects.
S 27 LEPRA
Power to search on arrest
Anything:
- that would present a danger to a person, or
- that could be used to assist a person to escape from lawful custody, or
- that is a thing with respect to which an offence has been committed, or
- that is a thing that will provide evidence of the commission of an offence, or
- that was used, or is intended to be used, in or in connection with the commission of an offence.
S28A LEPRA
Power to search person in lawful custody
A police officer may search a person who is in lawful custody after arrest and seize and detain anything found on that search.
Any such search may be carried out at a police station or other place of detention or immediately before or during transportation of the person to or from a police station or other place of detention.
S30 of LEPRA
[Rules for] Searches Generally
- quickly run his or her hands over the person’s outer clothing, and
- require the person to remove his or her coat or jacket or similar article of clothing and any gloves, shoes, socks and hat (but not, except in the case of a strip search, all of the person’s clothes), and
- examine anything in the possession of the person, and
- pass an electronic metal detection device over or in close proximity to the person’s outer clothing or anything removed from the person, and
- do any other thing authorised by this Act for the purposes of the search.
S 31 of LEPRA
Strip Searches
At Police station/place of detention—the police officer suspects on reasonable grounds that the strip search is necessary for the purposes of the search, or
In the case of any other place—the police officer suspects on reasonable grounds that the strip search is necessary for the purposes of the search and that the seriousness and urgency of the circumstances make the strip search necessary.
S 32 of LEPRA
Preservation of dignity [Strip Searches]
- Request cooperation
- Searches of same sex, if same sex not avaliable delegate to someone else, same sex and prescribed under the regulation, under guidance of the police officer
- Offer privacy
- Conduct least invasive search possible
- Conduct search as quicly as possible
- Explain if clothing needs to be removed and why
- Not perform any questioning while search is being conducted
S 33 LEPRA
Rule for strip searches
(1) A police officer who strip searches a person must, as far as is reasonably practicable in the circumstances, comply with the following—
- conducted in a private area,
- Must not be conducted in presence of opposite sex
- Not in prsence/view of anyone not necassary to be there
- A strip search must not involve a search of a person’s body cavities or an examination of the body by touch.
- A strip search must not involve the removal of more clothes than required
- A strip search must not involve more visual inspection than required
- A strip search may be conducted in the presence of a medical practitioner of the opposite sex to the person searched if the person being searched has no objection to that person being present.
- A parent, guardian or personal representative of the person being searched may, if it is reasonably practicable in the circumstances, be present.
A strip search of a child who is at least 10 years of age but under 18 years of age, or of a person who has impaired intellectual functioning, must be conducted—
- In the presence of a parent or guardian of the person being searched
- If that is not acceptable to the person, in the presence of another person who is not a police officer
S 36 LEPRA
Power to search vehicles and seize things without warrant
A police officer may, without a warrant, stop, search and detain a vehicle if the police officer suspects on reasonable grounds that any of the following circumstances exists—
- Vehicle or person has anything stolen
- The vehicle is being, or was, or may have been, used in or in connection with the commission of a relevant offence,
- The vehicle contains anything used or intended to be used in or in connection with the commission of a relevant offence,
- The vehicle is in a public place or school and contains a dangerous article that is being, or was, or may have been, used in or in connection with the commission of a relevant offence,
- The vehicle contains, or a person in the vehicle has in his or her possession or under his or her control, a prohibited plant or prohibited drug in contravention of the Drug Misuse and Trafficking Act 1985,
- Circumstances exist on or in the vicinity of a public place or school that are likely to give rise to a serious risk to public safety and that the exercise of the powers may lessen the risk.
(2) A police officer may, without a warrant, stop, search and detain a class of vehicles on a road, road related area or other public place or school if the police officer suspects on reasonable grounds that any of the following circumstances exist—
(a) a vehicle of the specified class of vehicles is being, or was, or may have been, used in or in connection with the commission of an indictable offence and the exercise of the powers may provide evidence of the commission of the offence,
(b) circumstances exist on or in the vicinity of a public place or school that are likely to give rise to a serious risk to public safety and that the exercise of the powers may lessen the risk.
(3) A police officer may seize and detain—
(a) all or part of a thing that the police officer suspects on reasonable grounds is stolen or otherwise unlawfully obtained, and
(b) all or part of a thing that the police officer suspects on reasonable grounds may provide evidence of the commission of a relevant offence, and
(c) any dangerous article, and
(d) any prohibited plant or prohibited drug in the possession or under the control of a person in contravention of the Drug Misuse and Trafficking Act 1985,
found as a result of a search under this section.
S 36A LEPRA
Power to stop vehicles
A police officer may stop a vehicle if the police officer suspects on reasonable grounds that the driver of, or a passenger in or on, the vehicle is a person in respect of whom the police officer has grounds to exercise a power of arrest or detention or a search power under this Act or any other law.
Part 6 Domestic Violence Powers
S82 Come on through- Invitation to enter premise
S83 Let me be- Permission to enter denied/delined, warrant required
S85 Do the five-
- Investigate domestic violence
- render aid to any person who appears to be injured, and
- exercise any lawful power to arrest a person, and
- prevent the commission or further commission of a domestic violence offence.
- inquire as to the presence of any firearms in the dwelling and, if informed that there is or are a firearm or firearms, must take all such action as is reasonably practicable to search for and to seize and detain the firearm or firearms.
86 Pick up Sticks- A police officer who, on an inquiry under section 85, is informed that there is no firearm in the dwelling but who believes on reasonable grounds that there is or are a firearm or firearms in the dwelling, must apply to an authorised officer for the issue of a search warrant.
87 all the things that send me to heaven- May search the dweeling for dangerous artices/dangerous implements and seize
Part 7 Crime Scene Powers
CAWEENCC
S88 Crime scene may be established when lawfully on premises
A police officer who is lawfully on premises (whether by authority of a crime scene warrant or for any other lawful reason) may—
- establish a crime scene, and
- exercise crime scene powers in accordance with this Part, and
- stay on the premises for those purposes.
_S89 A_pplication of part to premises
-This Part applies to premises of any kind, whether or not a public place
_S90 W_hen a crime scene may be established
- When Crime Scene can be established.
- Traffic accident, death or serious injury.
- Serious indictable offence is being, or has been committed.
- Evidence of commission of a serious indictable offence at a premises.
- Offence committed outside the state.
S91 Establishement of crime scene
_S92 N_otifiy senior police where warrant not required
If a crime scene is established for a period of 4 hours or less or for a period of 6 hours or less in the case of a rural area the police officer who establishes the crime scene must notify a senior police officer of that fact.
S93 Crime scene warrants
_S94 C_rime scene powers
A police officer may, in accordance with this Part and any relevant crime scene warrant, exercise the following functions at, or in relation to, a crime scene established under this Part—
(a) direct a person to leave the crime scene or remove a vehicle, vessel or aircraft from the crime scene,
(b) remove from the crime scene a person who fails to comply with a direction to leave the crime scene or a vehicle, vessel or aircraft a person fails to remove from the crime scene,
(c) direct a person not to enter the crime scene,
(d) prevent a person from entering the crime scene,
(e) prevent a person from removing evidence from or otherwise interfering with the crime scene or anything in it and, for that purpose, detain and search the person,
(f) remove or cause to be removed an obstruction from the crime scene,
(g) perform any necessary investigation, including, for example, search the crime scene and inspect anything in it to obtain evidence of the commission of an offence,
(h) for the purpose of performing any necessary investigation, conduct any examination or process,
(i) open anything at the crime scene that is locked,
(j) take electricity, gas or any other utility, for use at the crime scene,
(k) direct the occupier of the premises or a person apparently involved in the management or control of the premises to maintain a continuous supply of electricity at the premises,
(l) photograph or otherwise record the crime scene and anything in it,
(m) seize and detain all or part of a thing that might provide evidence of the commission of an offence,
(n) dig up anything at the crime scene,
(o) remove wall or ceiling linings or floors of a building, or panels of a vehicle,
(p) any other function reasonably necessary or incidental to a function conferred by this subsection.
S99 of LEPRA
Power of police officers to arrest without warrant
1) 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—
(i) to stop the person committing or repeating the offence or committing another offence,
(ii) to stop the person fleeing from a police officer or from the location of the offence,
(iii) 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,
(iv) to ensure that the person appears before a court in relation to the offence,
(v) to obtain property in the possession of the person that is connected with the offence,
(vi) to preserve evidence of the offence or prevent the fabrication of evidence,
(vii) to prevent the harassment of, or interference with, any person who may give evidence in relation to the offence,
(viii) to protect the safety or welfare of any person (including the person arrested),
(ix) because of the nature and seriousness of the offence.
S 197 of LEPRA
Directions generally relating to public places
-A police officer may give a direction to a person in a public place if the police officer believes on reasonable grounds that the person’s behaviour or presence in the place is (referred to in this Part as “relevant conduct”):
C – Causing Fear
H – Harassment / Intimidation
O – Obstructing Traffic (person/vehicle)
P – Procuring Prohibited Drug
S – Supplying Prohibited Drug
S 198 of LEPRA
Move on directions to intoxicated persons in public places
A police officer may give a direction to an intoxicated person who is in a public place to leave the place and not return for a specified period if the police officer believes on reasonable grounds that the person’s behaviour in the place as a result of the intoxication
(a) is likely to cause injury to any other person or persons, damage to property or otherwise give rise to a risk to public safety, or
(b) is disorderly.
(2) A direction given by a police officer under this section must be reasonable in the circumstances for the purpose of—
(a) preventing injury or damage or reducing or eliminating a risk to public safety, or
(b) preventing the continuance of disorderly behaviour in a public place.
(3) The period during which a person may be directed not to return to a public place is not to exceed 6 hours after the direction was given.
