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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
Q

LEPRA
-Section 99 (AND)

A

(iv) to ensure that the person appears before a court in relation to the offence,

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26
Q

LEPRA
-Section 99 (PLAY)

A

(v) to obtain property in the possession of the person that is connected with the offence,

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27
Q

LEPRA
-Section 99 (EVERY)

A

(vi) to preserve evidence of the offence or prevent the fabrication of evidence,

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28
Q

LEPRA
- Section 99 (HARP)

A

(vii) to prevent the harassment of, or interference with, any person who may give evidence in relation to the offence,

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29
Q

LEPRA
-Section 99 (Sound)

A

(viii) to protect the safety or welfare of any person (including the person arrested)

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30
Q

LEPRA
-Section 99 (Nicely)

A

(ix) because of the nature and seriousness of the offence.

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31
Q

LEPRA
-Section 101

A

Arrest with warrant

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32
Q

LEPRA
-Section 105

A

Arrest may be discontinued

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33
Q

LEPRA
-Section 9

A

Power to enter in emergency

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34
Q

LEPRA
-Section 10

A

Power to enter to arrest, detain/execute warrant

35
Q

What are the 3 reasons to enter in Section 9 LEPRA?

A
  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
Q

LEPRA
-Section 82

A

Enter via invitation from owner/occupier

37
Q

LEPRA
-Section 83

A

Enter via warrant when entry is denied

38
Q

LEPRA
-Section 85

A

Powers that may be exercised on entry into premises

39
Q

LEPRA
-Section 86

A

Power to enter plus search for firearms

40
Q

LEPRA
-Section 87

A

Search and seize dangerous implements in DV offence

41
Q

LEPRA
-Section 36A

A

Power to stop vehicles if they are committing or have committed an offence

42
Q

LEPRA
-Section 21A

A

Ancillary Search
(Open mouth, shake hair)

43
Q

LEPRA
-Section 90

A

When a crime scene may be established

44
Q

3 reasons when a crime scene may be established under Section 90 LEPRA

A
  1. Traffic accident has resulted in death or serious injury
  2. Serious indictable offence
  3. Evidence of a serious indictable offence
45
Q

LEPRA
-Section 89

A

Application of part to premises

46
Q

LEPRA
- Section 88

A

Crime scene powers may be exercised if lawfully on premises

47
Q

LEPRA
-Section 231

A

Use of force in making an arrest

48
Q

LEPRA
-Section 230

A

Use of force generally by police officers

49
Q

LEPRA
- Section 208

A

Search detained intoxicated person

(may take personal belongings and return them when released)

50
Q

LEPRA
-Section 206

A

Detention of seriously affected intoxicated persons

(may need physical protection)

51
Q

LEPRA
- Section 203

A

Police to give warnings when giving directions

52
Q

LEPRA
-Section 105

A

Arrest may be discontinued

53
Q

LEPRA
-Section 101

A

Arrest with warrant

54
Q

LEPRA
-Section 95

A

Lists crime scene powers

55
Q

LEPRA
-Section 94

A

Crime scene warrants

56
Q

LEPRA
-Section 92

A

Exercise of powers at crime scene

57
Q

LEPRA
- Section 91

A

Establishment of a crime scene

58
Q

LEPRA
-Section 68

A

Proper announcement before entry into premises

59
Q

How to announce entry (MASA)

A

M-Make presence known = knock
A-Announce office
S-State reason for entry
A-Allow time to comply

60
Q

Mental Health Act
-Section 81

A

Transport of persons to and from health facilities

61
Q

LEPRA
-Section 19A

A

Power to request removal of face covering

62
Q

List 5 crime scene powers under Section 95 LEPRA

A

-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
Q

Firearms Act
-Section 22

A

Suspension of licence

64
Q

LEPRA
-Section 133

A

Power to take identification particulars in lawful custody

  • Fingerprints
    -Palm prints
    -Photographs
65
Q

Crimes Domestic And Personal Violence Act
- Section 14

A

Offence for contravening an AVO

66
Q

Road Transport Act
- Sch 3 Cl 14

A

Arrest following failure to submit (or pass) sobriety test

67
Q

What dictates a strip search away from a police station?

A
  • Urgency
    -Serioussness
68
Q

What powers can you exercise under S85 LEPRA?

A
  • Prevent DV offence
    -Render aid
    -Arrest
    -Firearms search
69
Q

RTA
-Sch 3 Cl 3

A

Power to conduct random breath testing

70
Q

When can you detain someone under MHA S22?

A
  • The person is committing or has committed an offence
  • Recently attempted to kill themself
  • Attempt to cause serious injury
71
Q

RTA
-Sch 3 Cl 4

A

Arrest following failed breath test

72
Q

MHA
-S22

A
  • Power to detain someone for the purpose of mental health assessment
73
Q

RTA
-Sch 3 Cl 5

A

Breath analysis following breath test

74
Q

RTA
-S175

A

Request a driver to produce driver’s licence and state name and address

75
Q

RTA
-Sch 3 Cl 5A

A

Taking blood sample following arrest

76
Q

RTA
-Sch 3 Cl 13

A

Police officer may require sobriety test

77
Q

CDPVA
-S37

A

Property recover order

78
Q

RTA
-S169A

A

Power to stop light vehicle

79
Q

LEPRA
-S19

A

Power of police to require proof of identity

-Must exercise S11 first

80
Q

Road Transport Act 2013
- Sch 3

A

Testing for alcohol and drug use

81
Q

LEPRA
-S198A

A

Power to move on groups of people

82
Q

LEPRA
-S112

A

Vulnerable people

  • ATSI
    -Under 18
    -Disabled
    -Non english speaking
83
Q

CDPVA
-S27

A

Police obligation to apply for provisional AVO

  • DV
    -Stalking
    -Child abuse

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