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Powers Flashcards

1
Q

what is your general search power

A

Section 21 LEPRA
Search and seize things without a warrant

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2
Q

What circumstances can police search and detain under section 21

A

the person has in his or her possession or under his or her control

  • anything stolen or otherwise unlawfully
    obtained
  • anything used or intended to be used in or
    in connection with the commission of a
    relevant offence,
  • a dangerous article that is being or was
    used in or in connection with the
    commission of a relevant offence,
  • a prohibited plant or a prohibited drug.
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3
Q

What is section 22 LEPRA

A

Power to seize and detain dangerous articles on a premises

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4
Q

Where do police get power to search persons for dangerous implement

A

LEPRA section 23
May search a person if the police officer believes on reasonable grounds that the person has a dangerous article in their possession or control

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5
Q

If a person in a school has a dangerous article can police search their locker?

A

Under section 23 of LEPRA police can search the persons locker and examine anything inside the locker

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6
Q

What must police must do when searching a person in a school under section 23 LEPRA

A

If reasonably possible allow the student to nominate an adult who is on the school premises to be present during the search

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7
Q

Where do police get the power to search on arrest

A

Section 27 LEPRA
search for anything that
- presents a danger
- assist with escape
- in relation to an offence
- provides evidence of the
commission of the offence
- anything that was intended to be
used in an offence

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8
Q

What are the rules for general searches

A

Section 30 LEPRA
Police officer may
- Quickly run their hands over the
outer layer of clothing
- require the person to remove hats
shoes or jackets
- examine anything in their
possession
- Use the garrett wand

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9
Q

What justifies a strip search

A

Section 31 LEPRA
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.

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10
Q

What are some things police must do to preserve privacy and dignity during a search

A
  • Inform a person whether they will
    be required to remove clothing
  • why its required
  • ask for their cooperation
  • Must conduct the search in a way
    that provides reasonable privacy
    and searched as quickly as
    reasonably practicable
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11
Q

What are some rules for strip searches

A

Section 33 LEPRA

  • Police officer must be of the same
    gender
  • Must be conducted in a private
    area
  • Must not involve searching a persons cavities
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12
Q

What is section 34 of LEPRA

A

NO STRIP SEARCH UNDER 10!!

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13
Q

What is relevant condcut under section 197 LEPRA

A

Causing fear or likely to cause fear to people or a person

Harassment or intimidation of another person

Obstructing another person or traffic

Procuring or purchasing any prohibited drug

supplying any prohibited drug

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14
Q

In relation to causing fear police must prove that the scared person must be of reasonable __________.

A

Firmness.`

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15
Q

What does section 198 LEPRA give police power to do

A

Move on intoxicated persons from a public place

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16
Q

What is relevant conduct for intoxicated persons

A

a) is likely to cause injury, cause damage or otherwise is a risk to public safety

b) is Disorderly

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17
Q

What is the time duration for a move on of an intoxicated person from a public place

A

6 Hours

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18
Q

When can a person re enter a location after being removed from being intoxicated

A

24 Hours

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19
Q

What must police do when giving a move on direction from section 198

A

Must give a warning that its an offence to be intoxicated and disorderly at any public place at any time within the 6 hours

20
Q

What section gives police powers to detain intoxicated people

A

Section 206

Police can detain people when they are behaving in a disorderly manner and are likely to cause injury or damage to property or in need of physical protection due to intoxication

21
Q

Under section 206 when can police hold a detained person

A

When its necessary to do so while a responsible person is contacted and willing to take care of the person

when a responsible person cannot be found and it is not practicable to take the person home

When the person is violent or would be violent to the responsible person

22
Q

What is the criteria of arresting a person without a warrant

A

Section 99 Lepra
(1) (A)
Police suspect on reasonable grounds that an offence has been committed or is being committed and

Can’t - Stop the person from
committing the offence or prevent them from committing another offence

Fight - Stop the person from fleeing from the scene or police

In - Establish Identity of the person

A - Ensure the person appears before a court

Palace - Obtain property in the possession of the person committing the offence

Everything - Preserve evidence or prevent fabrication of evidence

Here - Prevent harassment or interference with someone who may provide evidence

So - Protect the safety and welfare of any person

Nice - Nature and seriousness of the offence

23
Q

What gives police power to discontinue an arrest

A

Section 105 LEPRA

Police may discontinue an arrest when the criteria of section 99 1 a or b is no longer met

or there is a more appropriate way to deal with the offender such as a CAN

24
Q

What is section 101 of LEPRA

A

Power to arrest with a warrant.

Where a warrant for their arrest exists a police officer may arrest whether or not the warrant is in the officers possession. (most of the time the warrant will be in the police station)

25
What is section 11 of LEPRA
Police may require the identity of a person who the police officer suspects on reasonable grounds may be able to assist with the investigation of an indictable offence because the person was near or at the place at the time or around the time the offence occurred or for the purposes of a move on direction from a place.
26
When can police enter a premises in emergencies
Section 9 LEPRA May enter if the police officer Believes on reasonable grounds , - Breach of the peace is being or is likely to be committed - A Person has suffered significant physical injury or there is imminent danger of significant physical injury - A body of a person has died
27
What is section 37 of the crimes (Domestic and personal Violence) Act 2007
Ancillary property recovery from a premises where there is an AVO restricting access.
28
What does section 82 of LEPRA give police power to do?
Under section 82, police have the power to enter a dwelling via invitation of an occupier, and remain for the purpose of - investigate whether a DV offence has been committed or not, - and to take action to prevent further commission of an offence.
29
What powers do police have under section 82 where entry has been revoked or denied by an occupier.
If entry has been denied or revoked by an occupier, police have the power to remain on the premises until a warrant has been granted to investigate the matter. Powers include under section 82 (3A) - Direct a person to leave - remove a person from the dwelling - prevent a person from entering the dwelling - Prevent a person from removing evidence or interfering with the dwelling and for those purposes, can detain and search a person.
30
When can police exercise powers from section 82 (3A) of LEPRA
While waiting for a warrant to investigate the DV matter, if police suspect on reasonable grounds that a dv offence has occurred in the dwelling or to preserve evidence of commission of the offence.
31
What section are police allowed to apply for an entry warrant related to a DV offence.
Under section 83 of LEPRA, Police may apply for a warrant if they have been Denied entry and or to remain by an occupier, and The police officer suspects that, a DV offence is being committed or may have been recently committed or is imminent or likely to be committed. and thats its necessary for police to enter immediately and remain to investigate said DV offence
32
What are police obligated to do when investigating a DV offence
Under section 85 of LEPRA, police are obligated to 1. Investigate whether a DV offence has been committed 2. Render aid to anyone injured 3. Exercise any power to arrest a person 4. Prevent commission or further commission of the offence 5. inquire into the presence of firearms in the dwelling or access to firearms by either of the parties, and must take action to search and seize any firearms present.
33
What does section 86 give police power to do
Section 86 of LEPRA gives police power to get a warrant to search and seize firearms where they believ on reasonable grounds that there are firearms on the premises.
34
What action must police take if a person in a DV incident has a firearm licence and possesses firearms.
- If a person has a licence and has firearms, under section 23 of the Firearms Act 1996, their licence must be suspended on the making of an AVO, And under section 25 of the firearms act, they must surrender all firearms in their possession
35
What action must police take if a person in a DV incident denies having firearms in their possession but police believe on reasonable grounds that a person may have access to or possession of a firearm.
Under section 86 of LEPRA, police must apply for a Warrant to search for and seize firearms in the dwelling
36
What happens if a DV incident happens at a place other than the dwelling and police believe on reasonable grounds that there is a firearm in the dwelling
Police must apply for a warrant under section 86 (2) of LEPRA to enter their dwelling and search for and seize firearms in their possession
37
What does section 87 Of LEPRA give police power to do.
Where a Police officer has entered the house by any lawful means mentioned in LEPRA, believes on reasonable grounds that a dangerous article or implement is in the dwelling and has been or may been used in the DV incident, has the power to search for and seize the dangerous implement / article
38
Where do police get the power to give directions while applying for a provisional AVO
Under Section 89A of the CRIMES (D&PV) act police may give directions to the defendant such as - Remain at the scene - remain at another place where police can locate the person - Person go to and remain at another place agreed to - go to and remain at a Police station - Accompany police to the police station - go to a place for the purposes of receiving medical attention
39
What happens if a person fails to comply with a direction from police under section 89A Crimes dv act?
Police have power to detain and take the person to the police station under section 89A (2) or section 90 (2)
40
How long can you detain the offender for while in the interim of an AVO
Under section 90A (2), police may detain a person for 2 hours PLUS a reasonable time to travel to the location or police station.
41
When are police OBLIGATED to apply for an PAVO
Under section 27 of crimes dv act 2007, police are obligated to apply for a provisional AVO where The police officer has good reason to believe an order needs to be made immediately to ensure the safety and protection of the person (VICTIM) - an assualt has occured, is imminent, or is likely to occur
42
When MUST police apply for an AVO
Section 49 Crimes Domestion personal violence act, The difference between section 49 and 27 of the act is the Urgency, Dont really understand the difference but oh well
43
What is the difference between section 89 and section 89A In the crimes DPV act
Section 89 is for Apprehended Personal Violence order and 89A is for Apprehended Domestic violence order.
44
What section gives police power to detain a mentally ill person
Section 22 Mental health
45
When may police detain a person under section 22 of the MHA
When the person has committed an offence they have attempted to kill themselves or it is probable that the person will attempt to kill himself or herself or attempt to cause serious physical harm to anyone including themselves And it would be beneficial for the persons welfare to be dealt with under the act
46
Where do police get the power to transport patients under the mental health act
Section 81

Finals Exams (3 decks)

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