PPP-149 (2) POWERS

Question 1

Which power allows us to move on a person?

Answer 1

LEPRA Section 197 - Directions generally relating to public places

Question 2

Which power allows us to move on a intoxicated person?

Answer 2

LEPRA Section 198 - Move on directions to intoxicated persons in public places

Question 3

What does LEPRA Section 21 Police us to do?

Answer 3

LEPRA Section 21 - Power to search persons and seize and detain things without warrant

Question 4

What does LEPRA Section 23 allow Police to do?

Answer 4

LEPRA Section 23 - Power to search persons for dangerous implements without warrant in public places and schools

Question 5

What does LEPRA Section 36 allow Police to do?

Answer 5

LEPRA Section 36 - Power to search vehicles and seize things without warrant
S - Stolen or unlawfully obtained
U - Used Vehicle that may have been used in relevant offence
U - Used contents of vehicle that may have been used in relevant offence
D - Dangerous
D - Drugs
S - Saftey of public

Question 6

What does LEPRA Section 27 allow Police to do?

Answer 6

LEPRA Section 27 - Power to carry out search on arrest

Question 7

What power allows Police to seize Liqour from Minors?

Answer 7

• Summary Offences Act 1988 s 11 -
  (2) 11 Possession of liquor by minors
  (2) A police officer may seize liquor in the possession of a person in a public place, if the officer suspects, on reasonable grounds, that:
  (a) the person is under the age of 18 years, and
  (b) the person is not under the supervision of a responsible adult, and
  (c) the person does not have a reasonable excuse for possessing the liquor.

Question 8

What is LEPRA s 19A?

Answer 8

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

Question 9

What is the purpose of LEPRA s 198?

Answer 9

• Prevent injury or damage or reduce or eliminate risk to public safety (Saftey to them or public), or
• Preventing the continuance of disorderly behaviour in a public place.

Question 10

What is LEPRA, Section 9

Answer 10

9 - Power to enter in emergencies
- Breach of the peace
- Significant injury
- deceased body

Question 11

What is LEPRA, Section 82

Answer 11

Invitation from the owner/occupant (until revoked)

Question 12

What is LEPRA, Section 83

Answer 12

Execution of an entry warrant

Question 13

What is LEPRA, Section 10

Answer 13

To lawfully arrest or detain a person, or to execute warrant

Question 14

What power does LEPRA section 85 sub section 2 require police to do?

Answer 14

A police officer who so enters a dwelling must inquire as to the presence of any firearms in the dwelling and, if informed that there is or are a firearm or firearms, must take all such action as is reasonably practicable to search for and to seize and detain the firearm or firearms.

Question 15

What is LEPRA, Section 86?

Answer 15

Police may Enter and Search for Firearms

Question 16

State LEPRA 99 1 & 1 (A)

Answer 16

(1) A police officer may, without a warrant, arrest a person if—
(a) the police officer suspects on reasonable grounds that the person is committing or has committed an offence, and

Question 17

State LEPRA 99 1 (B) reasons,
Think (F.I.N.E.C.H.A.P.S)

Answer 17

(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.

Question 18

What is the definition of a intoxicated person in the liquor act section 5?

Answer 18

(a) he person’s speech, balance, co-ordination or behaviour is noticeably affected, and
(b) it is reasonable in the circumstances to believe that the affected speech, balance, co-ordination or behaviour is the result of the consumption of liquor.

Question 19

Whats the time set for a intoxicated person given a move on direction in accordance with LEPRA Section 198 to return back to the location they were moved on from?

Answer 19

Maximum 6 hrs and 24 hours on a licensed premises

Question 20

What is the relevant conduct required to move a person on with, LEPRA section 197?

Answer 20

C.H.O.P.S
C - Causing Fear
H - Harassment or intimidation
O - Obstruction of traffic or people
P - Procuring drugs
S - Supplying drugs

Question 21

What is Section 87 of LEPRA?

Answer 21

87) Search and seizure powers(cf Crimes Act 1900, s 357)
A police officer who enters a dwelling under a power conferred by or under this Act and who believes, on reasonable grounds, that -

(a) a dangerous article or dangerous implement (other than a laser pointer) is in the dwelling, and

(b) that the dangerous article or dangerous implement is being, or was, or may have been or may be used to commit a domestic violence offence,
may search the dwelling for the dangerous article or dangerous implement and seize and detain the dangerous article or dangerous implement.

Question 22

What are the traffic breath test PCA ranges?

Answer 22

Novice: 0.001 - 0.019
Special: 0.020 - 0.049
Low: 0.050 - 0.079
Medium: 0.080 - 0.149
High: 0.150 - Higher

Question 23

What is section 99 1 A?

Answer 23

The police officer suspects on reasonable grounds that the person is committing or has committed an offence,

Question 24

What is section 99 1?

Answer 24

A police officer may, without warrant arrest a person if.

Question 25

What is section 99 1 b- (i) & (ii)

Answer 25

(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,

Question 26

Inform, Provide, Evidence (I.P.E). Where do we get our safeguard powers?

Answer 26

Part 15 of LEPRA (2002)
Section 202

Question 27

When does our investigation period start with a suspect/offender?

Answer 27

As soon as we arrest them.

Question 28

If you arrest a person with a warrant what power are you using?

Answer 28

Section 101 LEPRA

Question 29

What is section 203 of LEPRA?

Answer 29

203 Police officers to give warnings when giving or making directions, requirements or requests that must be complied with
DIRECTION, REQUIREMENT OR REQUEST
(1) A police officer who exercises a power to which this Part applies that consists of a direction, requirement or request 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, requirement or request.

Question 30

What is section 231 of LEPRA?

Answer 30

231- Use of force in making an arrest
A police officer or other person who exercises a power to arrest another person may use such force as is reasonably necessary to make the arrest or to prevent the escape of the person after arrest.

Question 31

What i section 105 of LEPRA?

Answer 31

105 Arrest may be discontinued
(1) A police officer may discontinue an arrest at any time.
(2) Without limiting subsection (1), a police officer may discontinue an arrest in any of the following circumstances-
(a) if the arrested person is no longer a suspect or the reason for the arrest no longer exists for any other reason,
(b) if it is more appropriate to deal with the matter in some other manner, including, for example, by issuing a warning or caution or a penalty notice or court attendance notice or, in the case of a child, dealing with the matter under the Young Offenders Act 1997.

Question 32

What is section 11 of LEPRA?

Answer 32

11) Identity may be required to be disclosed
(1) 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.

Question 33

What are the rules for conducting a search?

Answer 33

30 Searches generally- In conducting the search of a person, a police officer may

(a) quickly run his or her hands over the person’s outer clothing, and

(b) require the person to remove his or her coat or jacket or similar article of clothing and any gloves, shoes, socks and hat (but not, except in the case of a strip search, all of the person’s clothes), and

(c) examine anything in the possession of the person, and

(d) pass an electronic metal detection device over or in close proximity to the person’s outer clothing or anything removed from the person, and

(e) do any other thing authorised by this Act for the purposes of the search.

Question 34

What is section 22 of the Mental Health act (2007)?

Answer 34

(1) A police officer who, in any place, finds a person who appears to be mentally ill or mentally disturbed may apprehend the person and take the person to a declared mental health facility if the officer believes on reasonable grounds that–
(a) the person is committing or has recently committed an offence or that the person has recently attempted to kill himself or herself or that it is probable that the person will attempt to kill himself or herself or any other person or attempt to cause serious physical harm to himself or herself or any other person, and
(b) it would be beneficial to the person’s welfare to be dealt with in accordance with this Act, rather than otherwise in accordance with law.