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SESSION 2 > PPP-149 Law & Powers > Flashcards

PPP-149 Law & Powers Flashcards

1
Q

the elements for the offence of larceny?

A
  • The accused
  • Taking and carrying away of property (must be of value)
  • Belonging to another
  • Without consent
  • Without legal claim of right
  • Fraudulently
  • Intention to permanently deprive.
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2
Q

Separate legislation has been created for what larceny offences?

A
  • Larceny by bailee
  • Larceny by clerks or servants
  • Embezzlement by clerks or servants
  • Fraud
  • Stealing motor vehicle, vessel or trailer
  • Taking a conveyance without consent of owner
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3
Q

LARCENY BY BAILEE Elements?

A

Crimes Act, 1900, Section 125.

· Accused
· Possesses property as a bailee (YOU GAVE IT TO THEM)
· Takes or converts property to their own use or the use of another
· Acts fraudulently (dishonestly)
· (In a nutshell: If the owner gives it to bailee and they don’t return it? Or sell it? The offence is committed)
· This can happen by:
- Taking it
- Selling it
- Giving it back with a condition (asks for money in order to get it back)

Example
A dry cleaner (bailee) receives a coat for cleaning (bailment) by a customer (bailor). The dry cleaner decides to wear the coat to a function prior to cleaning it and it being picked up.
Larceny by clerks or servants

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4
Q

LARCENY BY CLERKS OR SERVANTS Elements

A

Crimes Act 1900 (NSW),
156 Larceny by clerks or servants

• Accused
• Clerk or servant of master/employer
• Steals property:
o elements of larceny must be established
• Property belonging to the accused’s master/employer

  • imprisonment for ten years.
    Example 1
    Simon works for Big W as a cashier. He serves many customers during his Saturday shift and handles a lot of cash. Five minutes before knock-off time, he opens the cash register, removes a $50 note and places it in his pocket. He spends the money on petrol on his way home.
    = Property (cash) in possession of employer
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5
Q

EMBEZZELEMENT by clerks or servants Elements

A

Crimes Act 1900 (NSW), Section 157

· Accused
· Clerk or Servant
· Receives property on behalf of employer
· Fraudulently embezzles that property
- liable to imprisonment for ten years.
Example 2
Ben is working at Liquorland when a customer, in a hurry, hands him $50 to pay for a case of beer. The customer walks out the door before Ben enters the transaction into the till. Ben does not enter the transaction/purchase and puts the $50 in his pocket.
= Property (cash) not yet in possession of employer

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6
Q

FRAUD Elements

A

Crimes Act 1900 (NSW), Section 192E
· Accused
· Uses a deception
· Dishonestly obtains property
belonging to another or obtains any financial advantage or causes any financial disadvantage.
Maximum penalty—Imprisonment for 10 years.
Example 1
A person finds a wallet containing an ATM card and PIN that is not theirs. They then go to an ATM and use the card and PIN to withdraw $500 in cash.
The fraud is pretending they are authorised to access the account.

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7
Q

STEALING MOTOR VEHICLE, VESSEL or TRAILER Elements (With intent to deprive owner permanently)

A

Crimes Act, 1900 (NSW)
154F Stealing motor vehicle, vessel or trailer

· Accused
· Steals:
o elements of larceny
· Motor vehicle, vessel or trailer.

Example 1 – Stealing motor vehicle …
Car broken into by three teenagers, car driven around for 3 hours and then burnt out.

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8
Q

TAKING A CONVEYANCE WITHOUT OF OWNER Elements (Usually when they steal a car and ditch it)

A

Crimes Act, 1900 (NSW)
154A Taking a conveyance without consent of owner
· Accused
· Without consent
· Takes and drives conveyance or
· Knowing that any conveyance has been taken without such consent, drives it or allows him/herself to be carried in or on it. (e.g Joy Riding usually).
Example 2 – Taking a conveyance …
Car broken into by three teenagers, car driven around for 3 hours and then left on side of the road in a local industrial estate.
NOTE: They must act in concert with the driver. If they steal the car and picks up a friend and drops them off somewhere without disclosing it is stolen? Then it doesn’t count.

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9
Q

LEPRA, Sect. 82

A

82 (Let me through)
Police invited into a premise by an occupier of the premises may stay to:
- investigate a DV offence
- prevent a DV offence

3A Police can exercise the following powers:

a) Direct a person to leave or not to enter the dwelling
b) Remove person from the dwelling who refuses to leave
c) Prevent a person from entering the dwelling
d) Prevent a person from removing or tampering with evidence and detain and search that person

3B Powers may only be exercised if police believe

a) DV offence is being, or has recently been committed
b) The exercise of the power is necessary to preserve evidence

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10
Q

LEPRA, Sect. 83

A

83 (Leave me be)

If the Police officer believes on reasonable grounds a DV offence is occurring, has recently occurred or is likely or imminent and entry is denied, Police may stay on premises and apply for a warrant.
(Note can stay on the outskirts of the house, as long as you’re not physically inside the premise)

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11
Q

LEPRA, Sect. 85

A 
85 (Do the 5)
Powers that may be exercised if lawfully on premises. 
1.	Investigate
2.	Render aid
3.	Prevent further offences
4.	Use other lawful powers (arrest)
5.	Inquire about firearms
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12
Q

LEPRA, Sect. 86

A

Searching and seizing of firearms.

  1. If police are told there are no firearms on premises, but they believe on reasonable grounds that there are, they may apply for a search warrant.
  2. Police who believe on reasonable grounds that:
    a) a DV offence is being, has recently been or is likely to be committed in a dwelling, and,
    b) any person concerned may have a firearm in their dwelling.
    Police must apply for a search warrant.
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13
Q

LEPRA, Sect. 87

A

87 (All the other things that send me to heaven)

  • A police officer who enters a dwelling under a power in this Act and who believes, on reasonable grounds, that—
    a) a dangerous article or dangerous implement is in the dwelling, and
    b) that the dangerous article/implement is being, was, may have been or may be used in a DV
    may search the dwelling for the dangerous article or dangerous implement and seize and detain the dangerous article or dangerous implement.
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14
Q

LEPRA, Sect. 68

A
  1. One of the persons executing a warrant must, before any of the persons executing the warrant enters the premises—
    a) announce that the person is authorised by the warrant to enter the premises, and
    b) give any person in or on the premises an opportunity to allow entry.
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15
Q

LEPRA, Sect. 21

A
  1. A police officer may, without a warrant, stop, search, and detain a person, and anything in the possession of or under the control of the person, if the police officer suspects on reasonable grounds that any of the following circumstances exists—
    a) the person has in his or her possession or under his or her control anything stolen or otherwise unlawfully obtained,
    b) the person has in his or her possession or under his or her control anything used or intended to be used in or in connection with the commission of a relevant offence,
    c) the person has in his or her possession or under his or her control in a public place a dangerous article that is being or was used in or in connection with the commission of a relevant offence,
    d) the person has in his or her possession or under his or her control, in contravention of the Drug Misuse and Trafficking Act 1985, a prohibited plant or a prohibited drug.
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16
Q

LEPRA, Sect. 23

A
  1. A police officer may, without a warrant, stop, search and detain a person who is in a public place or a school, and anything in the possession of or under the control of the person, if the police officer suspects on reasonable grounds that the person has a dangerous implement unlawfully in the person’s possession or under the person’s control.
  2. To avoid doubt, if the person is in a school and is a student at the school, the police officer may also search the person’s locker at the school and examine any bag or other personal effect that is inside the locker.
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17
Q

LEPRA, Sect. 27

A
  1. A police officer who arrests a person for an offence or under a warrant, or who is present at the arrest, may search the person at or after the time of arrest, if the officer suspects 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, 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 an offence.
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18
Q

LEPRA, Sect. 28A

A
  1. A police officer may search a person who is in lawful custody after arrest and seize and detain anything found on that search.
  2. Any such search may be carried out at a police station or other place of detention or immediately before or during transportation of the person to or from a police station or other place of detention.
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19
Q

LEPRA, Sect. 30

A

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 near 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.
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20
Q

LEPRA, Sect. 31

A

A police officer may carry out a strip search of a person if—

 a) in the case where the search is carried out at a police station or other place of detention—the police officer suspects on reasonable grounds that the strip search is necessary for the purposes of the search, or
 b) in the case where the search is carried out in any other place—the police officer suspects on reasonable grounds that the strip search is necessary for the purposes of the search and that the seriousness and urgency of the circumstances make the strip search necessary.
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21
Q

LEPRA, Sect. 32

A
  1. A police officer who searches a person must, as far as is reasonably practicable in the circumstances, comply with this section.
  2. The police officer must inform the person to be searched of the following matters—
    a) whether the person will be required to remove clothing during the search,
    b) why it is necessary to remove the clothing.
  3. The police officer must ask for the person’s co-operation.
  4. The police officer must conduct the search—
    a) in a way that provides reasonable privacy for the person searched, and
    b) as quickly as is reasonably practicable.
  5. The police officer must conduct the least invasive kind of search practicable in the circumstances.
  6. The police officer must not search the genital area of the person searched, or in the case of female or a transgender person who identifies as a female, the person’s breasts unless the police officer suspects on reasonable grounds that it is necessary to do so for the purposes of the search.
  7. A search must be conducted by a police officer of the same sex as the person searched.
    7A. However, if a police officer of the same sex as the person who is to be searched is not immediately available, a police officer may delegate the power to conduct the search to another person who is—
    a) of the same sex as the person to be searched, and
    b) of a class of persons prescribed by the regulations for the purposes of this subsection.
    The search by that other person is to be conducted under the direction of the police officer and in accordance with provisions of this Act applying to searches conducted by police officers.
  8. A search of a person must not be carried out while the person is being questioned. If questioning has not been completed before a search is carried out, it must be suspended while the search is carried out.
    8A. Subsection (8) does not prevent the asking of questions that only relate to issues of personal safety associated with the search.
  9. A person must be allowed to dress as soon as a search is finished.
  10. If clothing is seized because of the search, the police officer must ensure the person searched is left with or given reasonably appropriate clothing.
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22
Q

LEPRA, Sect. 33

A
  1. A police officer who strip searches a person must, as far as is reasonably practicable in the circumstances, comply with the following—
    a) the strip search must be conducted in a private area,
    b) the strip search must not be conducted in the presence or view of a person who is of the opposite sex to the person being searched,
    c) except as provided by this section, the strip search must not be conducted in the presence or view of a person whose presence is not necessary for the purposes of the search.
  2. A parent, guardian or personal representative of the person being searched may, if it is reasonably practicable in the circumstances, be present during a search if the person being searched has no objection to that person being present. Subsection (1)(b) does not prevent any such person who is of the opposite sex to the person being searched from being present during the search.
  3. A strip search of a child who is at least 10 years of age but under 18 years of age, or of a person who has impaired intellectual functioning, must be conducted—
    a) in the presence of a parent or guardian of the person being searched, or
    b) if that is not acceptable to the person, in the presence of another person who is not a police officer and who can represent the interests of the person being searched and whose presence is acceptable to that person.
    3A. Subsection (3) does not apply if a police officer suspects on reasonable grounds that—
    a) delaying the search is likely to result in evidence being concealed or destroyed, or
    b) an immediate search is necessary to protect the safety of a person.
    In such a case, the police officer must make a record of the reasons for not conducting the search in the presence of a parent or guardian, or other person capable of representing the interests, of the person being searched.
  4. A strip search must not involve a search of a person’s body cavities or an examination of the body by touch.
  5. A strip search must not involve the removal of more clothes than the person conducting the search believes on reasonable grounds to be reasonably necessary for the purposes of the search.
  6. A strip search must not involve more visual inspection than the person conducting the search believes on reasonable grounds to be reasonably necessary for the purposes of the search.
  7. A strip search may be conducted in the presence of a medical practitioner of the opposite sex to the person searched if the person being searched has no objection to that person being present
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23
Q

LEPRA, Sect. 34

A

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

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24
Q

LEPRA, Sect. 36

A

A police officer may, without a warrant, stop, search and detain a vehicle if the police officer suspects on reasonable grounds that any of the following circumstances exists—

 a) the vehicle contains, or a person in the vehicle has in his or her possession or under his or her control, anything stolen or otherwise unlawfully obtained,
 b) the vehicle is being, or was, or may have been, used in or in connection with the commission of a relevant offence,
 c) the vehicle contains anything used or intended to be used in or in connection with the commission of a relevant offence,
 d) 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,
 e) the vehicle contains, or a person in the vehicle has in his or her possession or under his or her control, a prohibited plant or prohibited drug in contravention of the Drug Misuse and Trafficking Act 1985,
 f) 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.
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25
Q

LEPRA, Sect. 197

A
  1. A police officer may give a direction to a person in a public place if the police officer believes on reasonable grounds that the person’s behaviour or presence in the place (referred to in this Part as relevant conduct)—
    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.
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26
Q

LEPRA, Sect. 198

A
  1. A police officer may give a direction to an intoxicated person who is in a public place to leave the place and not return for a specified period if the police officer believes on reasonable grounds that the person’s behaviour in the place as a result of the intoxication (referred to in this Part as relevant conduct)—
    a) is likely to cause injury to any other person or persons, damage to property or otherwise give rise to a risk to public safety, or
    b) is disorderly.
  2. A direction given by a police officer under this section must be reasonable in the circumstances for the purpose of—
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27
Q

LEPRA, Sect. 203

A
  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.
  2. A warning is not required if the person has already complied with or is in the process of complying with the direction, requirement, or request.
  3. A police officer must comply with this section as soon as is reasonably practicable after the direction, requirement or request is given or made.
  4. If 2 or more police officers are exercising a power to which this Part applies, only one officer present is required to comply with this section.
28
Q

LEPRA, Sect. 230

A

It is lawful for a police officer exercising a function under this Act or any other Act or law in relation to an individual or a thing, and anyone helping the police officer, to use such force as is reasonably necessary to exercise the function.

29
Q

LEPRA, Sect. 231

A

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

30
Q

LEPRA, Sect. 99

A
  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
    b) 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.
31
Q

LEPRA, Sect. 101

A
  1. A police officer acting in accordance with a warrant issued under any Act or law may arrest or deal with the person named in the warrant in accordance with the warrant.
  2. The police officer may take action whether or not the warrant is in his or her possession.
32
Q

LEPRA, Sect. 105

A
  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.
  3. A police officer may discontinue an arrest despite any obligation under this Part to take the arrested person before an authorised officer to be dealt with according to law.
33
Q

LEPRA, Sect. 9

A
  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, or
    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 or significant physical injury to a person, or
    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.
    1A. Before entering premises under subsection (1)(c), the police officer must obtain approval to do so (orally or in writing) from a police officer of or above the rank of Inspector.
  2. A police officer who enters premises under this section is to remain on the premises only as long as is reasonably necessary in the circumstances.
34
Q

LEPRA, Sect. 10

A
  1. A police officer may enter and stay for a reasonable time on premises to arrest a person, or detain a person under an Act, or arrest a person named in a warrant.
  2. However, the police officer may enter a dwelling to arrest or detain a person only if the police officer believes on reasonable grounds that the person to be arrested or detained is in the dwelling.
  3. A police officer who enters premises under this section may search the premises for the person.
  4. This section does not authorise a police officer to enter premises to detain a person under an Act if the police officer has not complied with any requirements imposed on the police officer under that Act for entry to premises for that purpose.
35
Q

LEPRA, Sect. 11

A
  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.
  2. A police officer may require a person whose identity is unknown to the officer to disclose his or her identity if the officer proposes to give a direction to the person in accordance with Part 14 for the person to leave a place.
36
Q

LEPRA, Sect. 19

A

A police officer may request a person who is required under this Part to disclose his or her identity to provide proof of his or her identity.

37
Q

LEPRA, Sect. 19A

A
  1. 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 if—
    a) the person has been lawfully required (whether under this or any other Act or a statutory instrument) by the officer requiring the removal of the covering to provide photographic identification, or
    b) the person has otherwise been lawfully required (whether under this or any other Act or a statutory instrument) by the officer requiring the removal of the covering to identify himself or herself or provide other identification particulars.
38
Q

LEPRA, Sect. 115

A
  1. The investigation period is a period that begins when the person is arrested and ends at a time that is reasonable having regard to all the circumstances, but does not exceed the maximum investigation period.
  2. The maximum investigation period is 6 hours or such longer period as the maximum investigation period may be extended to by a detention warrant.
39
Q

LEPRA, Sect. 133

A
  1. 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.
  2. If the person is over the age of 14 years, the particulars may include the person’s photograph, finger-prints and palm-prints.
  3. This section does not authorise a police officer to take from any person, or to require any person to provide, any sample of the person’s hair, blood, urine, saliva or other body tissue or body fluid.
  4. Subsection (3) does not affect a police officer’s power to take any such sample, or to require the provision of any such sample, for the purposes of, and in accordance with the requirements of, any other Act or law.
40
Q

LEPRA, Sect. 90

A
  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 serious injury to a person is being, or was, or may have been, committed on the premises.
    b) a serious indictable offence is being, or was, or may have been, committed on the premises
    c) there may be in or on the premises evidence of the commission of a serious indictable offence that may have been committed elsewhere and it is reasonably necessary to establish a crime scene in or on the premises to preserve, or search for and gather, evidence of the commission of that offence.
    1A. A crime scene may also be established on premises by a police officer pursuant to the authority conferred by a crime scene warrant.
  2. To avoid doubt, a crime scene may be established, crime scene powers may be exercised and a crime scene warrant applied for with respect to an act or omission that is a serious indictable offence even though the act or omission occurred outside New South Wales and was not an offence against the law of New South Wales, if the act or omission if done, or omitted to be done, in New South Wales would constitute a serious indictable offence.
41
Q

LEPRA, Sect. 92

A
  1. A police officer may exercise any of the crime scene powers set out in section 95(1)(a)–(l) if—
    a) a crime scene has been established under this Part, and
    b) the police officer exercising the power suspects on reasonable grounds that it is necessary to do so to preserve evidence of the commission of an offence in relation to which the crime scene was established.
  2. A police officer may exercise any of the other powers set out in section 95(1), but only if—
    a) a crime scene has been established under this Part, and
    b) the police officer or another police officer applies for a crime scene warrant in respect of the crime scene, and
    c) the police officer suspects on reasonable grounds that it is necessary to immediately exercise the power to preserve evidence of the commission of an offence.
  3. A police officer may exercise the crime scene powers conferred by this section for a period of not more than 4 hours (or not more than 6 hours in the case of a crime scene established in a rural area prescribed by the regulations), commencing when the crime scene is established, unless the police officer or another police officer obtains a crime scene warrant.
  4. A police officer may exercise crime scene powers in relation to a crime scene whether or not the police officer is the person who established the crime scene.
  5. A crime scene power that may be exercised by a police officer under this section (other than the powers set out in section 95(1)(a)–(f) and (k)) may be exercised by a scene of crime officer, but only with the authority of the police officer who established the crime scene or is responsible for the crime scene at the time.
    5A. A police officer may, in exercising crime scene powers conferred by subsection (1) at a crime scene, open a thing that is locked only if it is possible to do so without causing any damage to the thing or the lock.
  6. A crime scene power that may be exercised by a police officer under this section may be exercised by the police officer with the aid of such assistants as the police officer considers necessary.
42
Q

LEPRA, Sect. 93

A

If a crime scene is established for a period of 4 hours or less or for a period of 6 hours or less in the case of a rural area referred to in section 92(3) (otherwise than by authority of a crime scene warrant), the police officer who establishes the crime scene must notify a senior police officer of that fact.

43
Q

LEPRA, Sect. 95

A
  1. A police officer may, in accordance with this Part and any relevant crime scene warrant, exercise the following functions at, or in relation to, a crime scene established under this Part—
    a) direct a person to LEAVE the crime scene or remove a vehicle, vessel or aircraft from the crime scene,
    b) remove from the crime scene a person who FAILS to comply with a direction to leave the crime scene or a vehicle, vessel or aircraft a person fails to remove from the crime scene,
    c) DIRECT a person not to enter the crime scene,
    d) prevent a person from ENTERING the crime scene,
    e) prevent a person from REMOVING evidence from or otherwise interfering with the crime scene or anything in it and, for that purpose, detain and search the person,
    f) remove or cause to be removed an OBSTRUCTION from the crime scene,
    g) perform any necessary INVESTIGATION, including, for example, search the crime scene and inspect anything in it to obtain evidence of the commission of an offence,
    h) for the purpose of performing any necessary investigation, conduct any examination or process,
    i) OPEN anything at the crime scene that is locked,
    j) take electricity, gas or any other UTILITY, for use at the crime scene,
    k) direct the occupier of the premises or a person apparently involved in the management or control of the premises to maintain a CONTINUOUS supply of electricity at the premises,
    l) PHOTOGRAPH or otherwise record the crime scene and anything in it,
    m) seize and detain all or part of a thing that might provide evidence of the COMMISSION of an offence,
    n) DIG up anything at the crime scene,
    o) remove WALL or ceiling linings or floors of a building, or panels of a vehicle,
    p) any other function reasonably necessary or incidental to a function conferred by this subsection.
44
Q

RTA, Sect. 142

A
  • a vehicle has been involved in an accident, or broken down, or
  • anything that has fallen off, escaped from, or been removed from a vehicle, or
  • any container used for transporting materials
45
Q

RTA, Sect. 175

A
  • produce the relevant Australian driver’s licence
  • state the driver/ rider’s name
  • state the driver/ rider’s home address
46
Q

RTA, Sch. 3, Cl. 4

A

4 Arrest following failed breath test(cf STM Act, s 14)

(1) A police officer may exercise the powers referred to in subclause
(2) in respect of a person if—
(a) it appears to the officer from a breath test carried out under clause 3(1) by the officer that the device by means of which the test was carried out indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than zero grams in 210 litres of breath or 100 millilitres of blood and the officer has reasonable cause to believe the person is a novice driver in respect of the motor vehicle concerned, or
(b) it appears to the officer from a breath test carried out under clause 3(1) by the officer that the device by means of which the test was carried out indicates that there may be present in the person’s breath or blood a concentration of alcohol of not less than 0.02 grams in 210 litres of breath or 100 millilitres of blood and the officer has reasonable cause to believe the person is a special category driver in respect of the motor vehicle concerned, or
(c) it appears to the officer from a breath test carried out under clause 3(1) by the officer that the device by means of which the test was carried out indicates that there may be present in the person’s breath or blood a concentration of alcohol of not less than 0.05 grams in 210 litres of breath or 100 millilitres of blood, or
(d) the person refused to submit to a breath test required by a police officer under clause 3(1) or fails to submit to that test in accordance with the directions of the officer.

47
Q

RTA, Sch. 3, Cl. 14

A

The driver is under arrest for the PURPOSE OF OBTAINING A BLOOD AND URINE SAMPLE; after having failed or refused an assessment of sobriety
Both blood & urine must be obtained within 4 hours of the incident If refuse or fail to supply blood and urine sample

48
Q

RTA, Sch. 3, Cl. 11

A

Blood samples to be taken in hospitals from certain accident hospital patients.

49
Q

RTA, Sch. 3, Cl. 12

A

Power to arrest persons involved in accidents resulting in death for purpose of blood and urine testing.
A police officer may—
(a) ARREST the accident participant without warrant, and
(b) take the accident participant (or cause the accident participant to be taken) with such force as may be necessary to a hospital or prescribed place, and
(c) DETAIN the accident participant (or cause the accident participant to be detained) at the hospital or other prescribed place to enable the person to provide blood and urine samples in accordance with this clause.

50
Q

RTA, Sch. 3, Cl. 3

A

Sch 3 Cl 3 Power to conduct RBT

51
Q

RTA, Sect. 110

A

PCA offences (all ranges)

52
Q

RTA, Sect. 108

A

novice range prescribed concentration of alcohol

means a concentration of more than zero grams, but less than 0.02 grams, of alcohol in 210 litres of breath or 100 millilitres of blood.
special range prescribed concentration of alcohol

means
a concentration of 0.02 grams or more, but less than 0.05 grams, of alcohol in 210 litres of breath or 100 millilitres of blood.

low range prescribed concentration of alcohol

means a concentration of 0.05 grams or more, but less than 0.08 grams, of alcohol in 210 litres of breath or 100 millilitres of blood.

middle range prescribed concentration of alcohol

means a concentration of 0.08 grams or more, but less than 0.15 grams, of alcohol in 210 litres of breath or 100 millilitres of blood.

high range prescribed concentration of alcohol

means a concentration of 0.15 grams or more of alcohol in 210 litres of breath or 100 millilitres of blood.

53
Q

LEPRA, Sect. 68

A

Police officer on entry to a dwelling should (MASO):

  • Make presence known/knock
  • Announce their office
  • State the reason for entry
  • Allow adequate time to comply Generally relates to warrants but is considered best practice
54
Q

CDPVO Sect. 27

A

Police officer must apply for a Provisional AVO if there is reasonable suspicion the following is occurring, has occurred, is imminent or likely against the PINOP
(Dead Shit Carer):
- DV offence
- Stalking / Intimidation
- Child abuse offence
Police officer believes an order should be made immediately for the safety/protection of the PINOP
- The order can be made by any Police officer
- Application not to be made if order already in force
- Application not be made if the person above 16 years of age at the time of the incident
- Intends to apply for their own AVO
- Good reason not to make application
- Any decision not to apply must be recorded in Police officer’s notebook
- ‘Good reason’ does NOT include when the PINOP is reluctant, particularly if they were:
- A victim of violence or at significant threat of violence
- Someone with an intellectual disability and have no guardian
- Remains in force until revoked, withdrawn, dismissed or when an interm/final order is served
on the defendant s32

55
Q

Road Rules s. 287 – Duties of a driver involved in a crash

A

Driver/s to provide:
• name and address, vehicle owner’s name and address, vehicle registration, any other vehicle identity information
• explanation surrounding the circumstances of the crash Details supplied to:
• Driver/s involved, person/s injured, owner of any property, Police

56
Q

LEPRA s. 36 – Search vehicles and seize things without warrant

A

• PROHIBITED DRUG: Prohibited drug contained within the vehicle or on
any person inside vehicle
• OFFENCE: Vehicle contains anything used or intended to be used in or in
connection with the commission of a relevant offence,
• DANGEROUS ARTICLE: Vehicle in a public place or school and contains a
dangerous article that is being, or was, or may have been, used in
connection with an offence
• STOLEN: Something stolen/unlawfully obtained contained within
vehicle or on any person inside vehicle
• OFFENCE: Vehicle being, was or may have been used in or in connection
with an offence
• LESSEN SERIOUS RISK: Exercise of powers may lessen serious risk to
public safety where such circumstances exist on or in the vicinity of a public place or school

57
Q

LEPRA s. 88 – Powers may be exercised if lawfully on premises

A
  1. Open the gate

a police officer who is lawfully on premises may:
EER
• establish a crime scene, and
• exercise crime scene powers in accordance with this part
• Remain on the premises for those purposes

58
Q

LEPRA s. 89 – Application of Part to premises

A
  1. Anywhere is fine

• This part applies to premises of any kind, whether or not public
• Don’t need warrant to exercise powers at a crime scene in a public place
• May only seize/detain/search vehicle within a crime scene, without a
warrant, only if
o necessary to preserve/search/gather evidence of offence in
connection with which the crime scene was established, or
o the police officer is authorised to do so (crime scene warrant etc.)

59
Q

LEPRA s. 90 – When crime scene may be established

A

(TEDS)

  • traffic accident
  • death of or serious injury to a person
  • serious indictable offence
  • there may be in or on the premises evidence of the commission of a serious indictable offence.
60
Q

LEPRA s. 91 – Establishment of crime scene

A
  1. Only one (in 24 hrs)

SWAN
Separate – to investigate a separate offence to which the original crime scene was established.
Warrant – Establish crime scene more than once in 24hrs for same offence
Appropriate – Reasonably appropriate in the circumstances.
Notice – Give the public notice that the premises are a crime scene if reasonably appropriate

61
Q

LEPRA s.92 – Exercise of powers at crime scene

A
  1. 2 legs = exercise

Crime scene not more than 4 hours (6 hours in a rural area) unless warrant obtained
• Powers G-J and L-P only by SOCO with authority of officer who established crime scene, or who is responsible for scene.
• May open a thing that is locked only if possible to do so without causing any damage to the thing or the lock.

62
Q

LEPRA s. 93 – Notice to senior police officer where warrant not required

A
  1. 3 hooks (sergeant)

Officer who establishes the crime scene must notify senior police officer.

63
Q

LEPRA s. 94 – Crime scene warrants

A

94, a little more

To preserve or search and gather evidence, apply to an authorised officer for:
• Serious indictable offence, or
• Traffic accident that has resulted in the death of or serious injury to a
person.

64
Q

LEPRA s. 95 – Crime scene powers

A

Without a warrant (protection of crime scene)

DDDPPRR
a. DIRECT a person to leave or remove a vehicle/vessel/aircraft
b. REMOVE person who fails to comply with a direction to leave the crime scene or a vehicle/vessel/aircraft a person fails to remove
c. DIRECT a person not to enter
d. PREVENT a person from entering
e. PREVENT a person from removing evidence from or otherwise
interfering with the crime scene or anything in it and, for that
purpose, detain and search the person,
f. REMOVE or cause to be removed an obstruction from the crime
scene
k. DIRECT the occupier of the premises or manager/controller of
premises to maintain continuous supply of electricity

65
Q

LEPRA s. 133

A

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.
• If the person is over the age of 14 years, the particulars may include the person’s photograph, finger-prints and palm-prints.
Does not authorise hair, blood, urine, saliva or other body tissue or body fluid.

SESSION 2 (16 decks)

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