Powers Flashcards
LEPRA Section 21: Power to search persons and seize and detain things without a warrant
a) anything stolen or otherwise unlawfully detained
b) possession or control anything used or intended to be used for an offence
c) a dangerous article
d) possession or control a prohibited plant or drug
LEPRA Section 23: Power to search persons for dangerous implements without warrant in public places and schools
1) Search for a dangerous implement in a public place or school
2) can also search a person’s locker at a school and examine the person’s bag
3) Reasonable grounds are justified if the school has a high incidence of violent crime
4) when searching a student, allow the student to nominate an adult to be present
LEPRA 197: Directions relating to public places: (CHOPS)
Causing or likely to cause fear to another person
Harassment or intimidation of another person
Obstructing people or traffic
Purchasing/procuring drugs
Selling drugs
LEPRA 198: Move on direction for intoxicated persons in a public place
a) likely to cause injury to any other person, damage to property or give risk to public safety
b) is disorderly
LEPRA 99
- to stop the person committing or repeating the offence, or committing another offence
- To stop the person fleeing from a police officer or from the location of an 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 the identity information provided is false
- to ensure the person appears before a court in relation to an offence
- to obtain property in possession of the person that is connected with the offence
- to preserve evidence and prevent the fabrication of evidence
- to prevent the harassment of, or interference with, any person who may give evidence in relation to the offence
- to protect the safety and welfare of any person
- because of the nature and seriousness of the offence
Section 11 LEPRA
- Police may require a person whose identity is unknown to the officer to disclose his or her identity if the officer suspects on reasonable grounds that the person may be able to assist in the investigation of an alleged indictable offence because the person was near the place
- Police officer to require them to disclose their identity if giving a direction to the person in a public place
LEPRA 27
Police to carry out search on arrest:
(a) that would present a danger to a person, or
(b) that could be used to assist a person to escape from lawful custody, or
(c) that is a thing with respect to which an offence has been committed, or
(d) that is a thing that will provide evidence of the commission of an offence, or
(e) that was used, or is intended to be used, in or in connection with the commission of an offence.
LEPRA 30: Searches generally
a) quickly run hands over
b) remove outer clothing
c) examine anything in the persons possession
d) pass an electronic metal detection device over the person
e) do any other thing authorised by this act for the purposes of the search
LEPRA 31
Police the power to conduct a strip search
Section 32: Preservation of privacy and dignity during search
- Inform the person the reason for the search
- why it is necessary to remove the clothing
- must ask for the persons cooperation
Must conduct in a way that: - quickly and practicably possible
- lease evasive in the circumstances
- not search the genital area unless the officer has to
BODY WARN CAUTION:
I am wearing a body worn video camera and our conversation and your actions are being recorded. Do you understand that?
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?
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.
