Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Powers Exam Finals > Powers Finals Exam > Flashcards

Powers Finals Exam Flashcards

1
Q

What is Section 9 of LEPRA?

A

Power to enter in emergencies

May enter if the police officer believes on reasonable grounds:

a) To prevent or end a breach of the peace

b) Prevent or help someone with significant injury or in imminent danger of significant injury.

c) Body of someone who has died, otherwise than as a result of an offence is on the premises and there is no occupier on the premises to consent to the entry.

1a) Before entering re dead body, get approval from inspector or above (orally or in writing)

2) Stay only as long as reasonably necessary

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What is Section 10 of LEPRA?

A

Enter to arrest, detain or execute a warrant.

Enter and stay for a reasonable time on premises to arrest, detain or arrest a person named on a warrant

May search the premises

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What is Section 11 (1) of LEPRA?

A

Police officer 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:

-At or near the place where the alleged indictable offence occurred,
-Whether before, when, or soon after it occurred.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What is Section 11 (2) of LEPRA?

A

(2) - require a person whose identity is unknown to the officer to disclose his or her identity if you are going to give them a direction to the person to leave

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What is Section 12 of LEPRA?

A

Failure to disclose identity

A person who is required by a police officer in accordance with section 11 to disclose his or her identity must not, without reasonable excuse, fail or refuse to comply with the requirement.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What is Section 13 of LEPRA?

A

False or misleading information about identity

A person must not, without reasonable excuse, in response to a requirement made by a police officer in accordance with this Division—

(a) give a name that is false in a material particular, or

(b) give an address other than the person’s full and correct address.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What is Section 13A of LEPRA?

A

Identity of suspected AVO defendant may be required to be disclosed

“13A AVO IN PLAY”

A police officer may require a person whose identity is unknown to disclose their identity if the suspect on reasonable grounds that an AVO has been made against the person.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What is Section 13B of LEPRA?

A

Section 13B - Failure of person to disclose identity on requirement

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What is Section 13C of LEPRA?

A

Section 13C - False or misleading information about identity

(a) give a name that is false in a material particular, or

(b) give an address other than the person’s full and correct address.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What is Section 19 of LEPRA?

A

Power of police officer to request proof of identity

Disclose his or her identity to provide proof of his or her identity.

Require proof of identity - physical proof of Identity

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What is Section 19A of LEPRA?

A

Power of police officer to require removal of face coverings for identification purposes

A police officer may require a person to remove any face covering worn by the person so as to enable the officer or another police officer to see the person’s face

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What is Section 21 of LEPRA?

List SPAD

A

Power to search persons & seize & detain things without warrant

General search

(SPAD)

S - Stolen or otherwise unlawfully obtained

P - Prohibited plant or drug

A - Anything used or
intended / connected with relevant offence

D - Dangerous article in public place, used in connection with a relevant offence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What is Section 23 of LEPRA?

A

Power to search persons for dangerous implements without a warrant in public places & schools

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What is Section 27 of LEPRA?

A

Power to carry out search on arrest

that would present a danger to a person, or

(b) that could be used to assist a person to escape

(c) a thing with respect to which an offence has been committed, or

(d) a thing that will provide evidence of the commission of an offence, or

(e) used / intended to be used, in or in connection with the commission of an offence.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What is Section 28A of LEPRA?

A

Power to carry search of person in lawful custody after arrest

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What is Section 30 LEPRA?

A

Searches generally

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What is Section 30 LEPRA?

List rules

A

Searches generally

Rules:

  1. Quickly run hands over the person’s outer clothing
  2. Require the person to remove outer clothing, jacket & shoes
  3. Examine anything in the possession of the person
  4. Pass metal detector over the persons outer clothing
  5. Do anything authorised by this act for the purposes of the search
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What is Section 31 of LEPRA?

A

Strip searches

*Search is reasonably necessary

*Seriousness and urgency

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What is Section 32 of LEPRA?

List requirements

A

Preservation of privacy & dignity during a search

The police officer must inform the person

  1. Whether the person will be required to remove clothing during the search,
  2. Why it is necessary to remove the clothing.

*Request co-operation

*Only search persons of the same sex

*Offer privacy wherever possible

*Conduct least invasive search for the circumstances

*Conduct search as quickly as possible

*Explain if any clothing needs to be removed & why

*Not perform questioning while searching is being conducted

*A person must be allowed to dress as soon as a search is finished.

*If clothing is seized because of the search, the police officer must ensure the person searched is left with or given reasonably appropriate clothing.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

What is Section 33 of LEPRA?

A

Rules of a strip search

  1. Conducted in private area
  2. Not in presence or view of opposite sex
  3. No search of cavities
  4. No examination of person by touch
  5. No more clothes than necessary
  6. Can be performed in front of medical practitioner of opposite sex

If between 10-18 or impaired intellectual
- in presence of a parent or guardian

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

What is Section 34 of LEPRA?

A

No strip searches of children under 10 years

A strip search must not be conducted on a person who is under the age of 10 years.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

What is Section 34A of LEPRA?

A

Searches carried out with consent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

What is Section 36 of LEPRA?

A

Power to search vehicles and seize things without warrant

Vehicle contains, or a person in the vehicle has in his or her possession or under his or her control:

  1. Anything stolen or otherwise unlawfully obtained,
  2. Used in or in connection with the commission of a relevant offence,
  3. Used or intended to be used in or in connection with the commission of a relevant offence,
  4. the vehicle is in a public place or school and contains a dangerous article that is being, or was, or may have been, used in or in connection with the commission of a relevant offence,
  5. prohibited plant or prohibited drug in contravention of the Drug Misuse and Trafficking Act 1985,
  6. circumstances exist on or in the vicinity of a public place or school that are likely to give rise to a serious risk to public safety and that the exercise of the powers may lessen the risk.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

What is Section 36A of LEPRA?

A

Power to stop vehicles

Stop if reasonably suspect that someone in the vehicle is a person they have reasonable grounds to arrest, detain or search.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

What is Section 82 of LEPRA?

A

Entry by invitation

“Come on through”

a) investigate if a DV has occurred
b) Take action to prevent further DV offence

May stay and exercise powers under section 82 subsection 3A

a) direct person to leave or not enter
b) remove a person for failure to comply
c) prevent a person from entering
d) Prevent person removing evidence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

What is Section 83 of LEPRA?

A

Warrant where entry denied or authority to remain refused

“Leave me”

Apply for a warrant if -

Entry has been denied or authority to remain refused
A DV offence is being or may have been committed
It’s necessary to enter to investigate and take action

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

What is Section 84 of LEPRA?

A

Obstruction or hindrance of person executing warrant or exercising power under this part

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

What is Section 85 of LEPRA?

IFRAP

A

Powers that may be exercised on entry into premises

“Do the five”

(IFRAP)

I - Investigate
F - Firearms
R - Render first aid
A - Arrest
P - Prevent further DV offences from occurring

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

What is Section 87 of LEPRA?

A

Search and seizure powers

“All things that send me to heaven”

Search for dangerous article or dangerous implement in dwelling

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

What is Section 86 of LEPRA?

A

Police may enter and search for firearms

“86 Pick up sticks”

*on an inquiry under s85, is informed there is no firearm in the dwelling, but police believe on reasonable grounds there is firearm in the dwelling

*must apply to authorised officer for a warrant to enter

31
Q

What is Section 88 of LEPRA?

A

Crime scene powers may be exercised if police officer lawfully on premises

Lawfully on-premises
Establish crime scenes
Exercise powers
Stay on-premises for that purpose

32
Q

What is Section 90 of LEPRA?

A

When a crime scene may be established

Officer suspects on reasonable grounds

  1. Traffic accident resulting in death or serious injury
  2. Serious indictable offence is being, was or may have been committed
  3. Preserve evidence of serious indictable offence committed somewhere else
33
Q

What is Section 91 of LEPRA?

A

Establishment of crime scene

*Give the public notice that the premises is a crime scene

*Cannot be established more than once in 24hrs, unless you apply for a warrant

*Can establish a second crime scene in 24hrs if its a seperate offence

34
Q

What is Section 92 of LEPRA?

A

Exercise of powers at crime scene

*exercise powers under 95 if crime scene has been established

*exercise crime scene powers for period of not more than 4 hours (6 hours rural) unless a crime scene warrant is obtained

35
Q

What is Section 93 of LEPRA?

A

Notice to senior police officer where warrant not required

if crime scene is est for 4 hours or less (6 hours or less rural)
with no warrant authorized the police officer who authorised the crime scene - must notify a senior police officer of that fact

36
Q

What is Section 94 of LEPRA?

A

Crime scene warrant

37
Q

What is Section 95 of LEPRA?

List powers
(DD PP ROP TD)

A

Crime scene powers

(DD PP ROPT)

D - Direct a person to leave the crime scene
D - Direct removal of a vehicle, vessel or aircraft

P - Prevent a person from entering the crime scene
P - Prevent a person from removing evidence

R - Remove or cause to be removed an obstruction from the crime scene
O - Open anything at the crime scene that is locked
P - Photograph or otherwise record the crime scene & anything in it

T - take electricity, gas or any other utility, for use at crime scene
D - dig up anything at crime scene

38
Q

What is Section 99 1 (a) of LEPRA?

Verbatim

A

Power to arrest without a warrant

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

39
Q

What is Section 99 1 (b) of LEPRA?

A

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.

40
Q

What is Section 101 of LEPRA?

A

Power to arrest with warrant

*may arrest or deal with the person named in the warrant

*may take action whether or not the warrant is in his or her possession.

41
Q

What is Section of 105 LEPRA?

A

An arrest may be discontinued

42
Q

What is Section 197 of LEPRA?

And list relevant conduct.

A

Directions generally relating to public places -

(stop relevant conduct)

Relevant conduct

(CHOPS)

C - Causing fear or likely to cause fear (as long as it would cause fear to a person of reasonable firmness)

H - Harassment / intimidation

O - Obstructing traffic person or vehicle

P - Procuring prohibited drug

S - Supplying prohibited drug

43
Q

What is Section 198 of LEPRA?

List relevant conduct

A

Move on the intoxicated person in a public place

Relevant conduct

  1. Likely to cause injury
  2. Damage to property
  3. Risk to public safety
  4. Is disorderly
    6hrs max

(the person speech, balance, coordination or behaviour is noticeably affected.)

44
Q

What is Section 198A of LEPRA?

A

Giving of directions to groups of persons

45
Q

What is Section 199 of LEPRA?

A

Failure to comply with a direction

You have to establish that the person persisted after the direction was given

46
Q

PART 15

What is Section 202 of LEPRA?

A

Safeguards, (IPE)

*Inform
*Provide
*Evidence

47
Q

What is Section 203 of LEPRA?

A

Police officer to give warnings when giving or making directions, requirements or requests that must be complied with

*must give a warning to the person subject to the exercise of the power that the person is required by law to comply with the direction

48
Q

What is Section 208 of LEPRA?

A

Searching detained persons

49
Q

What is Section 230 of LEPRA?

A

Use of force generally by police officers

50
Q

What is Section 231 of LEPRA?

A

Use of force in making an arrest

51
Q

Where do police get their power to request proof of identity?

A

LEPRA, Section 19

Power of police officer to request proof of identity

52
Q

What is Section 206 of LEPRA?

A

Detention of seriously intoxicated persons

May detain person if:

  • behaving in a disorderly manner or
    in a manner likely to cause injury to
    the person or another person or
    damage to property, or
  • in need of physical protection
  • Person may be released into the care of a responsible person
53
Q

What is Section 169A of the Road Transport Act (2013)?

A

Direction to stop light vehicle or light combination: to enable exercise of other powers

54
Q

What is Section 175 of the Road Transport Act (2013)?

A

Driver/Rider to produce licence and state name/address

55
Q

What is Section 177 of the Road Transport Act (2013)?

A

Responsible person for vehicle to disclose drivers identity

56
Q

Legislation: LEPRA year?

A

2002

57
Q

Legislation: Road Transport Act year?

A

2013

58
Q

Legislation: Road Rules year?

A

2014

59
Q

Explain the Alcohol limits:

A

Novice range - 0.001 - 0.019

Special range - 0.020 - 0.049

Low range - 0.050 - 0.079

Mid range - 0.080 - 0.149

High range - 0.150 +

60
Q

Explain rule 287 of the Road Rules 2014

A

Set out the requirement of drivers involved in crashes to,

Must stop & supply their details, both to police & anyone else involved in the crash
(Name, address & rego)

They must supply police with an explanation when asked of the circumstances of the crash.

61
Q

Explain Section 148E of the Road Transport Act?

A

Power to prevent driving of persons under the influence of alcohol or other drugs.

Require the person to immediately hand over all ignition or other keys.

62
Q

Explain the SOBRIETY ASSESSMENT

A

*You must inform the driver you are conducting a sobriety assessment

*Must have been submitted to a breath test that provided a negative result before the sobriety

*Must have reasonable belief influence drug

*No Breath test, no sobriety assessment

63
Q

Legislation for SOBRIETY ASSESSMENT?

A

Road Transport Act 2013, Schedule 3, Clause 13?

64
Q

Where do you get your power to conduct a breath test?

A

Road Transport Act 2013, Schedule 3, Clause 3

65
Q

Where do you get your power to arrest for breath analysis?

A

Road Transport Act 2013, Schedule 3, Clause 4

Positive road side standard test
Refuses to undergo a breath test or fails to supply a sufficient sample

66
Q

AVO’s when how to give them out?

A
67
Q

What is Section 68 of LEPRA?

A

Announcement before entry

“68 G’DAY MATE”

(MASA)

M - Make presence known
A - Announce their office
S - State the reason for entry
A - Allow adequate time to comply

68
Q

What is Firearms Act 1996 (NSW)
s 22 (1) and s 22 (2) ?

A

Suspension of licence

Section 22(1) a licence may be suspended if you are satisfied there may be grounds for revoking a licence

Mandatory Suspension

Section 22(2) a licence must be suspended where a person has been charged with a domestic violence offence or if you have reasonable cause to believe that the licensee has committed or has threatened to commit a domestic violence offence.

69
Q

What is Firearms Act 1996 (NSW)
s 23?

A

A firearms licence is automatically suspended on the making of an interim apprehended violence order against the person.

The licence is suspended until the order is confirmed or revoked.

70
Q

What is Firearms Act 1996 (NSW)
s 24?

A

A licence that authorises a person to possess or use a firearm is automatically revoked if the licensee becomes subject to a firearms prohibition order or an apprehended violence order.

71
Q

What is Firearms Act 1996 (NSW)
s 25?

A

A police officer is authorised to seize any firearm in the possession of a person if that person’s licence is suspended, revoked or otherwise ceased to be in force.

A police officer is also authorised to seize the licence itself.

72
Q

What is the Road Transport Act s76?

A

Defective registrable vehicles

Deciding its identity
Condition / rego
Powder to enter vehicle

73
Q

What is s133 of LEPRA?

A

Power to take identification particulars

A police officer may take or cause to be taken all particulars that are necessary to identify a person who is in lawful custody for any offence.

*Fingerprints
*Palm prints
*Photo

Powers Exam Finals (1 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions