Powers, Law & Investigation Flashcards
What is 99(1)(a) LEPRA?
A police officer may, without a warrant, arrest a person if:
(a) the police officer suspects on reasonable grounds that the person has committed an offence.
What is 99(1)(b) LEPRA?
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 the identity information provided is false,
iv.to ensure that the person appears before the 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 fabrication of the 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.
What is 99(3) LEPRA?
The arresting police officer or another police officer must, as soon as is reasonably practicable, take the person who has been arrested under this section before an authorised officer to be dealt with according to law.
What section is power of entry in an emergency and it’s three points?
LEPRA s 9 Power to enter in emergencies
(1) A police officer may enter premises if the police officer believes on reasonable grounds that:
• (a) a breach of the peace is being or is likely to be committed and it is necessary to enter the premises immediately to end or prevent the breach of peace
• (b) a person has suffered significant physical injury or there is imminent danger of significant physical injury to a person and it is necessary to enter the premises immediately to prevent further significant physical injury to a person,
• (c) the body of a person 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.
What are the search powers?
• s 21 Power to search persons and seize and detain things without warrant
• s 23 Power to search persons for dangerous implements without warrant in public places and schools
• s 27 Power to carry out search on arrest
• s 28A Power to carry out search of person in lawful custody after arrest
• s 30 Searches generally
• s 31 Strip searches
• s 36(1)(e) Power to search vehicles and seize things without warrant (36(a) to stop a vehicle for criminal offences)
What are the crime scene powers?
• s 88 Crime scene powers may be exercised if police officer lawfully on premises
• s 89 Application of Part to premises
• s 90 When crime scenes may be established
• s 91 Establishment of crime scene
• s 92 Exercise of powers at crime scene
• s 94 Crime scene warrants
• s 95 Crime scene powers
When can a crime scene be established?
(1) A crime scene may be established on premises by a police officer if the police officer suspects on reasonable grounds that:
• (a) an offence committed in connection with a traffic accident that has resulted in the death of or a serious injury to a person…
• (b) a serious indictable offence is being, or was, or may have been, committed on the premises and it is reasonably necessary to establish a crime scene in or on the premises to preserve, or search for and gayer, evidence of the commission of that offence
• (c) there may be in on the premises evidence of the commission of that offence.
What are the DV powers?
• s 9 Power to enter in an emergency
• s 10 Power to enter to lawfully arrest or detain a person, or to execute warrant
• s 82 Invitation from the owner/occupant (until revoked)
• s 83 Execution of an entry warrant (where entry is denied)
• s 85 Powers that may be exercised on entry into premises
• s 86 Police may enter and search for firearms
• s 87 Search and seizure powers
• s 22-25 Firearms Act 1996 Suspension of licence, surrender and seizure when licence suspended or revoked
What are the powers for use of force?
• s 230 Use of force generally by police (+ ability for a member of the public assisting police to also engage in reasonable force if necessary)
• s 231 Use of force in making an arrest
What are the powers to give directions?
• s 197 Directions generally relating to public places
• s 198 Move on directions to intoxicated persons in public places
• s 199 Failure to comply with direction
• s 202 Police officers to provide information when exercising powers
• s 203 Police officers to give warning when giving or making directions, requirements or requests that must be complied with
What is the difference between LEPRA and Liquor Act 2007 definition of an “intoxicated person”?
• LEPRA 2002 s 205 - A person who appears to be seriously affected by alcohol or another drug or a combination of drugs
• Liquor Act 2007 s 5 - A person is intoxicated if speech, balance, coordination or behaviour is noticeably affected
What does CHOPS stand for? (Related to relevant conduct in s 197 Directions generally relating to public places)
•Causing fear
•Harassment/Intimidation
•Obstructing Traffic (person/vehicle)
•Procuring Prohibited Drug
•Supplying Prohibited Drug
What are the powers to request identity?
• s 11 Identity may be required to be disclosed
• s 19 Power of police officer to request proof of identity
What are the traffic powers?
• s 19A Power to require a person to remove their face covering for identification purposes
• s 169A Power to direct a light vehicle (combination) to stop to enable the exercise of other powers under the road transport legislation
• s 175 Power to have a driver/rider produce their drivers licence and state their name and address
• s 177 Power for a police officer to require a person responsible for a motor vehicle/person having custody of the vehicle to disclose the identity (name & address) of the person who was driving it at the time that a traffic offence was committed —> form of demand
Road Transport Act 2013:
• 76(1) To inspect the vehicle for roadworthiness
• 76(4) To issue defect notice
• Sched 3, cl 3 To breath test rider
What does MSG stand for?
• Made at the time or soon after the event
• Signed when it was made
• Given to the accused person or their legal representative a reasonable time prior to the hearing
