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1
Q

LEPRA
-Section 11

A

Identity may be required to be disclosed

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2
Q

LEPRA
-Section 202

A
  • Inform the reason for exercise of the power
  • Provide name and place of duty
  • Evidence that the police officer is a police officers (unless the police officer is in uniform)
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3
Q

LEPRA
-Section 197

A
  • Cease Behaviour direction (CHOPS)
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4
Q

LEPRA
-Section 199

A

(Offence)
Failure to comply with 197 direction.

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5
Q

LEPRA
-Section 198

A

Move on direction to intoxicated person (Reasonable time up to 6 hours)

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6
Q

LEPRA
-Section 21

A

Search persons and seize and detain things without warrant

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7
Q

LEPRA
-Section 23

A

Search for dangerous implements without warrant in public places or school

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8
Q

LEPRA
-Section 27

A

Search on arrest

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9
Q

LEPRA
-Section 28A

A

Search in lawful custody after arrest

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10
Q

LEPRA
-Section 30

A

Searches generally

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11
Q

LEPRA
-Section 31

A

Strip Searches

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12
Q

LEPRA
-Section 32

A

Preservation of privacy and dignity during search

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13
Q

LEPRA
-Section 33

A

Rules for conduct of Strip search

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14
Q

What does CHOPS stand for from Section 197 LEPRA?

A

-Causing Fear or harm
-Harassment or intimidation
-Obstructing traffic (person/vehicle)
-Procuring a prohibited drug
-Supply a prohibited drug

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15
Q

Name 3 rules for conducting strip searches under Section 31

A

-Must be conducted in a private area

  • Must not be conducted in the view of the opposite sex

-No strip search under 10

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16
Q

LEPRA
-Section 34

A

No strip searches under 10

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17
Q

LEPRA
-Section 36

A

Powers to search vehicles and seize things without warrant

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18
Q

Summary Offences Act 1988
- Section 11

A

A minor must not possess or consume any alcohol in a public place unless

  • They are under the supervision of a responsible adult or
  • They have a reasonable excuse for possessing or consuming alcohol

Police can confiscate the alcohol

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19
Q

LEPRA Section 206

A

Detention of seriously affected intoxicated person’s

(May need physical protection because of their level of intoxication)

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20
Q

LEPRA
Section 208

A

Search detained intoxicated person’s

(may take personal belongings of detained intoxicated person and return when released)

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21
Q

LEPRA
-Section 99

A

Arrest without a 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—

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22
Q

LEPRA
Section 99 (Come)

A

(i) to stop the person committing or repeating the offence or committing another offence

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23
Q

LEPRA
-Section 99 (FIND)

A

(ii) to stop the person fleeing from a police officer or from the location of the offence

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24
Q

LEPRA
-Section 99 (Instruments)

A

(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

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25
LEPRA -Section 99 (AND)
(iv) to ensure that the person appears before a court in relation to the offence,
26
LEPRA -Section 99 (PLAY)
(v) to obtain property in the possession of the person that is connected with the offence,
27
LEPRA -Section 99 (EVERY)
(vi) to preserve evidence of the offence or prevent the fabrication of evidence,
28
LEPRA - Section 99 (HARP)
(vii) to prevent the harassment of, or interference with, any person who may give evidence in relation to the offence,
29
LEPRA -Section 99 (Sound)
(viii) to protect the safety or welfare of any person (including the person arrested)
30
LEPRA -Section 99 (Nicely)
(ix) because of the nature and seriousness of the offence.
31
LEPRA -Section 101
Arrest with warrant
32
LEPRA -Section 105
Arrest may be discontinued
33
LEPRA -Section 9
Power to enter in emergency
34
LEPRA -Section 10
Power to enter to arrest, detain/execute warrant
35
What are the 3 reasons to enter in Section 9 LEPRA?
1. Breach of the peace 2. A person has suffered significant physical injury or there is imminent danger of significant physical injury to a person 3.The body of a person who has died
36
LEPRA -Section 82
Enter via invitation from owner/occupier
37
LEPRA -Section 83
Enter via warrant when entry is denied
38
LEPRA -Section 85
Powers that may be exercised on entry into premises
39
LEPRA -Section 86
Power to enter plus search for firearms
40
LEPRA -Section 87
Search and seize dangerous implements in DV offence
41
LEPRA -Section 36A
Power to stop vehicles if they are committing or have committed an offence
42
LEPRA -Section 21A
Ancillary Search (Open mouth, shake hair)
43
LEPRA -Section 90
When a crime scene may be established
44
3 reasons when a crime scene may be established under Section 90 LEPRA
1. Traffic accident has resulted in death or serious injury 2. Serious indictable offence 3. Evidence of a serious indictable offence
45
LEPRA -Section 89
Application of part to premises
46
LEPRA - Section 88
Crime scene powers may be exercised if lawfully on premises
47
LEPRA -Section 231
Use of force in making an arrest
48
LEPRA -Section 230
Use of force generally by police officers
49
LEPRA - Section 208
Search detained intoxicated person (may take personal belongings and return them when released)
50
LEPRA -Section 206
Detention of seriously affected intoxicated persons (may need physical protection)
51
LEPRA - Section 203
Police to give warnings when giving directions
52
LEPRA -Section 105
Arrest may be discontinued
53
LEPRA -Section 101
Arrest with warrant
54
LEPRA -Section 95
Lists crime scene powers
55
LEPRA -Section 94
Crime scene warrants
56
LEPRA -Section 92
Exercise of powers at crime scene
57
LEPRA - Section 91
Establishment of a crime scene
58
LEPRA -Section 68
Proper announcement before entry into premises
59
How to announce entry (MASA)
M-Make presence known = knock A-Announce office S-State reason for entry A-Allow time to comply
60
Mental Health Act -Section 81
Transport of persons to and from health facilities
61
LEPRA -Section 19A
Power to request removal of face covering
62
List 5 crime scene powers under Section 95 LEPRA
-Direct a person to leave -Remove a person from the crime scene -Direct a person not to enter -Prevent a person from removing evidence - Open anything that is locked
63
Firearms Act -Section 22
Suspension of licence
64
LEPRA -Section 133
Power to take identification particulars in lawful custody - Fingerprints -Palm prints -Photographs
65
Crimes Domestic And Personal Violence Act - Section 14
Offence for contravening an AVO
66
Road Transport Act - Sch 3 Cl 14
Arrest following failure to submit (or pass) sobriety test
67
What dictates a strip search away from a police station?
- Urgency -Serioussness
68
What powers can you exercise under S85 LEPRA?
- Prevent DV offence -Render aid -Arrest -Firearms search
69
RTA -Sch 3 Cl 3
Power to conduct random breath testing
70
When can you detain someone under MHA S22?
- The person is committing or has committed an offence - Recently attempted to kill themself - Attempt to cause serious injury
71
RTA -Sch 3 Cl 4
Arrest following failed breath test
72
MHA -S22
- Power to detain someone for the purpose of mental health assessment
73
RTA -Sch 3 Cl 5
Breath analysis following breath test
74
RTA -S175
Request a driver to produce driver's licence and state name and address
75
RTA -Sch 3 Cl 5A
Taking blood sample following arrest
76
RTA -Sch 3 Cl 13
Police officer may require sobriety test
77
CDPVA -S37
Property recover order
78
RTA -S169A
Power to stop light vehicle
79
LEPRA -S19
Power of police to require proof of identity -Must exercise S11 first
80
Road Transport Act 2013 - Sch 3
Testing for alcohol and drug use
81
LEPRA -S198A
Power to move on groups of people
82
LEPRA -S112
Vulnerable people - ATSI -Under 18 -Disabled -Non english speaking
83
CDPVA -S27
Police obligation to apply for provisional AVO - DV -Stalking -Child abuse

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