Powers Flashcards
Power to Enter in Emergencies
LEPRA 2002 s. 9
A police officer may enter premises if they believe on reasonable grounds that one of the following is occurring:
-Breach of the peace
-Person has suffered significant physical injury
The police officer may only stay for as long as is reasonably necessary under the circumstances
Power to Enter to Arrest, Detain or Execute Warrant
LEPRA 2002 s. 10
A police officer may enter a premises and stay for a reasonable amount of time to arrest, detain under an Act or arrest a person named in a warrant
The police officer may search the premises for the person
Identity may be Required to be Disclosed
LEPRA 2002 s. 11
A police officer may require a person to disclose their identity if the police officer suspects on reasonable grounds that the person may be able to assist in the investigation of an alleged indictable offence because they were at or near the place where the offence occurred
A police officer may require a person to disclose their identity if the officer directs a person to leave a place
Power of Police to Require Disclosure of Driver and Passenger Identity (LEPRA)
LEPRA 2002 s. 14
A police officer who suspects on reasonable grounds that a vehicle is or was used in connection with an indictable offence may require the driver or passenger to disclose their identity
Power of Police to Request Proof of I.D.
LEPRA 2002 s. 19
A police officer may require a person who is required to disclose their identity to provide proof of identity
Power to Require Removal of Face Coverings
LEPRA 2002 s. 19A
A police officer may require a person to remove a face covering to see a person’s face to identify the person
Power to Search Persons and Seize and Detain Things Without Warrant
LEPRA 2002 s. 21
A police officer may, without a warrant, stop, search and detain a person if the police officer suspects on reasonable grounds that one of the following circumstances exist:
a. The person has something stolen or otherwise unlawfully obtained
b. The person has something used or intended to be used in or in connection with the commission of a relevant offence
c. The person has a dangerous article in a public place in or in connection with the commission of a relevant offence
d. The person has a prohibited plant or drug
Power to Search Persons for Dangerous Implements in Public Places and Schools
LEPRA 2002 s. 23
- A police officer may, without a warrant, stop, search and detain a person in a public place or school if the police officer suspects on reasonable grounds that the person has a dangerous implement unlawfully in their possession
- The police officer may also search the person’s locker and any bag or other personal effect in the locker if they are in a school
- A high presence of violent crime may be taken into account in determining reasonable grounds
- The police officer must allow the student at a school to nominate an adult to be present
Power to Carry Out Search on Arrest
LEPRA 2002 s. 27
A police officer who arrests a person may search the person at or after the time of arrest if they suspect on reasonable grounds that it is prudent to do so in order to ascertain whether the person is carrying anything:
a. that would present a danger to a person
b. that could be used to assist a person to escape lawful custody
c. that is a thing with respect to which an offence has been committed
d. that is a thing that will provide evidence of the commission of an offence
e. that was used, or is intended to be used, in or in connection with the commission of an offence
Ancillary Power to Search Persons
LEPRA 2002 s. 28
In conducting a search, a police officer may require the person to:
a. open their mouth
b. shake or otherwise move their hair
Power to Search a Person in Lawful Custody After Arrest
LEPRA 2002 s. 28A
A police officer may search and detain anything found on a person who is in lawful custody after arrest
Searches Generally
LEPRA 2002 s. 30
a. Quickly run their hands over the person’s outer clothing
b. Require the person to remove a coat, jacket, gloves, shoes, socks and hat
c. Examine anything in the person’s possession
d. Pass an electronic metal detection device over person
e. Do any thing authorised under this Act
Strip Searches
LEPRA 2002 s. 31
A police officer may carry out a strip search if they suspect on reasonable grounds that it is necessary for the purposes of the search
Preservation of Privacy and Dignity during Search
LEPRA 2002 s. 32
- Inform if they must remove clothing and why
- Must ask for co-operation
- Must conduct search quickly and privately
- Least invasive kind of search
- Must not search genitals or female breasts unless necessary
- Must be conducted by officer of the same sex
Power to Search Vehicles and Seize Things Without Warrant
LEPRA 2002 s. 36
A police officer may stop and search a vehicle if they suspect on reasonable grounds that:
a. the vehicle or person contains anything stolen or unlawfully obtained
b. the vehicle is or was used in connection with the commission of a relevant offence
c. the vehicle contains anything used in connection with the commission of a relevant offence
d. the vehicle is in a public place or school and contains a dangerous article used in connection with the commission of a relevant offence
e. the vehicle contains a prohibited plant or drug
f. circumstances exist at or near a public place or school that are likely to give rise to a serious risk to public safety
Power to Stop Vehicles to Arrest, Detain or Search
LEPRA 2002 s. 36A
A police officer may stop a vehicle if they suspect on reasonable grounds that a person in the vehicle can be arrested, detained or searched
Entry by Invitation
LEPRA 2002 s. 82
A police officer may enter any dwelling if invited if they believe on reasonable grounds that a domestic violence offence is being, has been or is likely to be committed to:
-investigate whether a domestic violence offence has been committed
-prevent further domestic violence offences
A police officer may remain on premises if authority to remain has been denied to exercise powers:
-direct a person to leave or not to enter
-remove a person from dwelling
-prevent a person from entering
-prevent a person from removing evidence
Warrant where Entry Denied or Authority to Remain Refused
LEPRA 2002 s. 83
A police officer may apply for a warrant where entry has been denied or authority to remain refused if they suspect that a domestic violence offence is, has been or is likely to be committed
Powers that may be Exercised on Entry into Premises
LEPRA 2002 s. 85
- Investigate whether a domestic violence offence has occurred
- Prevent further domestic violence offences
- Render aid to anyone injured
- Arrest a person
Police may Enter and Search for Firearms
LEPRA 2002 s. 86
A police officer may enter and search for firearms if they believe that firearms may be present but are told that no firearms reside
Search and Seizure Powers (Dangerous Article or Implement)
LEPRA 2002 s. 87
A police officer may search a dwelling for dangerous articles and implements (other than a laser pointer) if it may have been used to commit a domestic violence offence
Crime Scene Powers may be Exercised if Police Officer Lawfully on Premises
LEPRA 2002 s. 88
A police officer lawfully on premises may
a. establish a crime scene
b. exercise crime scene powers
c. stay on premises for these purposes
When Crime Scene may be Established
LEPRA 2002 s. 90
A police officer may establish a crime scene on premises if:
- a traffic accident that has resulted in a death or serious injury has occurred
- a serious indictable offence has been committed
- there may be evidence of a serious indictable offence
Exercise of Powers at Crime Scene
LEPRA 2002 s. 92
- A police officer may exercise s. 95 powers a-l
- A police officer may exercise s. 95 powers m-p if a warrant has been applied for and granted
Notice to Senior Police Officer where Warrant not Required
LEPRA 2002 s. 93
A police officer must notify a senior officer if a crime scene has been established for less than 4 hours (6 hours rural)
Crime Scene Powers
LEPRA 2002 s. 95
- Direct a person to leave
- Remove a person
- Direct a person not to enter
- Prevent a person from entering
- Prevent a person from removing evidence
- Remove obstructions
- Perform necessary investigation
- Conduct any examination
- Open anything that is locked
- Take electricity or gas
- Direct occupier to keep electricity going
- Photograph or record anything
- Seize and detain evidence
- Dig up anything
- Remove wall, ceiling or floor linings
- Any other function reasonably necessary
Power of Police Officers to Arrest Without Warrant
LEPRA 2002 s. 99
A police officer may, without a warrant, arrest a person if:
- The police officer suspects on reasonable grounds that the person is committing or has committed an offence, and
- 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
Power of Other Persons to Arrest Without Warrant
LEPRA 2002 s. 100
A person who isn’t a police officer may arrest a person if:
- the person is in the act of committing an offence
- the person has just committed an offence
- the person committed a serious indictable offence and hadn’t been tried for it
Power to Arrest with Warrant
LEPRA 2002 s. 101
A police officer acting in accordance with a warrant under any Act may arrest the person named in the warrant
Arrest may be Discontinued
LEPRA 2002 s. 105
A police officer may discontinue an arrest at any time
Detention After Arrest for Purposes of Investigation
LEPRA 2002 s. 114
A police officer may detain a person who is under arrest for an investigation period of 6 hours (s. 115) to investigate whether the person has committed an offence
Power to Take Identification Particulars
LEPRA 2002 s. 133
A police officer may take particulars of a person in lawful custody to identify them
This includes photographs, fingerprints and palm prints
Directions Generally Relating to Public Places
LEPRA 2002 s. 197
A police officer may give a direction to a person in a public place if the person’s behaviour:
a. is obstructing another person or persons or traffic, or
b. constitutes harassment or intimidation of another person or persons, or
c. is causing or likely to cause fear to another person or persons, so long as the relevant conduct would be such as to cause fear to a person of reasonable firmness, or
d. is for the purpose of unlawfully supplying, or intending to unlawfully supply, or soliciting another person or persons to unlawfully supply, any prohibited drug, or
e. is for the purpose of obtaining, procuring or purchasing any prohibited drug that it would be unlawful for the person to possess
Move on Directions to Intoxicated Persons in Public Places
LEPRA 2002 s. 198
A police officer may give a direction to an intoxicated person to leave a place and not return for a specified amount of time if their intoxication:
a. is likely to cause injury to any person or persons, damage to property or otherwise give rise to a risk to public safety, or
b. is disorderly
Police Officers to Provide Information when Exercising Powers (IPE)
LEPRA 2002 s. 202
A police officer who exercises a power must provide the person the following:
- inform reason for exercising power
- provide name and place of duty
- evidence that you are a police officer (unless in uniform)
Police Officers to give Warnings when Giving or Making Directions
LEPRA 2002 s. 203
A police officer who gives a direction must warn the person that by law they must comply with the direction, unless they have already complied with the direction
Detention of Intoxicated Persons
LEPRA 2002 s. 206
A police officer may detain an intoxicated person found in a public place if:
- they are behaving disorderly or are likely to cause injury
- in need of physical protection
Police Officer may Seize Liquor in Possession of Minor
Summary Offences Act 1988 s. 11 (b)
A police officer may seize liquor from a person in a public place if:
- the person is under 18, and
- the person is not under the supervision of a responsible adult, and
- the person does not have a reasonable excuse for possessing the liquor
Police Officer may Inspect Registrable Vehicles for Defects
Road Transport Act 2013 s. 76
A police officer may inspect a registrable vehicle for the purpose of deciding its identity, condition or the status of registration
Removal of Dangers and Obstructions to Traffic
Road Transport Act 2013 s. 142
A police officer may remove any of the following to ensure the free flow of traffic and protection of the public:
- a vehicle involved in an accident or broken down
- any thing that has fallen from a vehicle
- any container
Direction to Stop Light Vehicle or Light Combination to Enable Exercise of Other Powers
Road Transport Act 2013 s. 169A
This section applies to a light vehicle or light combination on any road, public place or any premises owned by RMS
Requirement of Driver/Rider to Produce I.D. and State Name and Address
Road Transport Act 2013 s. 175
A police officer may require the driver or rider of a vehicle or horse to:
- produce a current licence
- state name and address
Requirement for Responsible Person to Disclose Driver Identity
Road Transport Act 2013 s. 177
If the driver of a motor vehicle has committed an offence, the owner of the vehicle is required to disclose the identity of the driver (name and address)
Caution
Evidence Act 1995 s. 139
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 will record what you say or do. I can use this recording in court. Do you understand that?
Endorsement
Criminal Procedure Act 1986 s. 283B
This statement made by me accurately sets out the evidence I would be prepared, if necessary, to give in court as a witness. The statement is true to the best of my knowledge and believe 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.
Criminal Procedure Regulation 2017 Cl. 9I (has endorsement verbatim)
Police Powers to which this Part Applies
- Stop, search and arrest a person
- Stop and search a vehicle
- Enter and search premises
- Seize property
- Require removal of face covering
- Make a direction
- Establish a crime scene
