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SESSION 2 > PPP125 (powers) > Flashcards

PPP125 (powers) Flashcards

1
Q

Section 99 (1)(a) LEPRA

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

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2
Q

Section 198 LEPRA

A

Move on direction to I.P

(1) a police officer may give a direction to an I.P in a public place to leave and not return for 6 hours if the police officer BORG
- the persons behaviour in the place is a result of the intoxication is likely to cause injury to any other person, damage property or give risk to public safety, or is disorderly
(5) person is noticeably affected by alcohol

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3
Q

S206 LEPRA

A

Power to detain IP

(1) police may detain IP who is seriously affected by alcohol;
- behaving in a disorderly manner
- likely to cause injury to the person or another or damage property
- is in need of physical protection because of intoxication

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4
Q

S208 LEPRA

A

Power to search detained IP

  • police may search detained IP and take possession of any personal belongings
  • when person ceases to be detained they are entitled to the return of their property
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5
Q

S21 LEPRA

A

Police may without a warrant stop search and detain a person if a police officer believes on reasonable grounds:
(A) has in possession or under their control anything stolen or otherwise unlawfully obtained
(B) has in possession or under their control anything used/intended to be used in the commission of an offence
(C) has in possession or under their control a dangerous article in public place
(D) has in possession or under their control a prohibited drug or plant in contravention of the DMT act
(SUDD)

(2) Police may seize and detain anything:
(A) Stolen or unlawfully obtained
(B) Used or intended to be used
(C) Dangerous article
(D) Drug or prohibited plant
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6
Q

S99 (1)(b) (Acronym)

A

the police officer is satisfied that the arrest is reasonably necessary for any one or more of the following reasons:

Fleeing
Identity
Nature
Evidence
Committing
Harassment
Appearance
Property
Safety
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7
Q

S197 LEPRA

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:
Causing/ likely to cause fear
Harassment/ intimidation
Obstructing people/vehicles
Purchase / procure / obtain drugs
Supply / sell / Solicit someone to sell drugs

CHOPS

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8
Q

Various powers of arrest (powaid)

A 
Police (99)
Others (100)
Warrant (101)
At large (102)
Interstate (104)
Discontinue (105)
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9
Q

What are the various search powers (packdcar)

A 
person search (21)
Arrest (23)
Custody (24)
Knife (26)
Detained IP (208)
Car (vehicle) (36)
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10
Q

What are the various ID powers (UAVburqa)

A

U - you/person (11)
A - AVO defendant (13A)
V - Vehicle (14)
Burqua (19A)

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11
Q

S23 LEPRA

A

Power to search upon arrest

Danger to persons
Assist with escape
Respect to offence committed
Evidence of offence
Used or intended to be used in commission of an offence
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12
Q

S99 (2)

A
  • A police officer may also arrest a person without a warrant if directed to do so by another police officer. The other police officer is not to give such a direction unless the other officer may lawfully arrest the person without a warrant
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13
Q

S99 (3)

A
  • A police officer who arrests a person must as soon as reasonably practicable take the person before an authorised officer to be dealt with according to law
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14
Q

S99 (4)

A
  • If you need to detain them for the purpose of investigating you can
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15
Q

S99 (5)

A
  • Cannot arrest a person for an offence for which they have already been tried for
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16
Q

S99 (6)

A
  • Property is connected with an offence if it is connected with the offence within the meaning of part 5 (search warrant)
17
Q

POWAID

A

S99 - Police
S100 - Others
S101 - Warrant
S102 - At large
S104 - Interstate offences 2 years indictable or more
S105 - Discontinue arrest ( if the person is no longer a suspect or the reason for arrest no longer exists OR more appropriate to deal with matter in some other manner)

18
Q

Reasonable Cause?

A
  • More than a mere idle wondering or speculation
  • Amounts to a slight opinion but without sufficient evidence
  • less than a belief (subjective; officers suspicion, objective; reasonable 3rd persons suspicion)
  • THIS THEORY to base suspicion on
19
Q

S9 LEPRA

A

Power to enter in emergencies

(1) (A) Power to enter premises, BORG breach of the peace is/ likely to be committed and it necessary to enter to end or prevent it, OR
(1) (B) Person suffered/imminent danger of significant physical injury and it is necessary to enter immediately to prevent it
(2) REMAIN ONLY AS LONG AS REASONABLY NECESSARY

20
Q

S10 LEPRA

A

Entry to arrest or detain someone or execute a warrant

(1) Enter and stay for reasonable time to arrest/detain/ execute warrant
(2) Enter a dwelling ONLY if BORG person is in the dwelling
(3) Police may search premises for person

21
Q

S11 LEPRA

A

Identity required to be disclosed
(1) Police officer requests ID of unknown person, SORG person may be able to assist in investigation of an ALLEGED INDICTABLE OFFENCE that occurred, person was at or near, before, at the time, or soon after it occurred

(2) - request id of unknown person to disclose id if officer is giving a direction to leave

22
Q

S13A LEPRA

A

Identity of suspected avo defendant required to be disclosed

  • SORG
  • AVO has been made against the person (and they fit the description of the person listed on the AVO)
23
Q

S14 LEPRA

A

Identity of officer to request disclosure of driver or passenger identity

(1) SORG vehicle is/was/ or may have been used in or in connection with an indictable offence
(a) request driver ID (and that of any driver/ passenger in vehicle at the time the vehicle was/may been used)
(b) request passenger ID
(c) request owner ID (whether or not driver)

If fail or refuse
S15 - driver refuses
S16 - passenger refuses
S17 - owner (if not driver) refuses

24
Q

S19A

A

Power to remove face coverings for identification purposes

Fail to comply - S19B

25
S20 LEPRA - Relevant offence
- Indictable offences - offences against S93FB of crimes act - offences against weapons prohibitions act or firearms act - offences against explosives act
26
Dangerous implement
``` Knife Article Made or adapted Injure or menace Laser pointer ``` KAMIL
27
Dangerous article
``` Firearm Fuse Speargun Prohibited weapon ABH (capable of causing) Discharge irritant Explosive ```
28
S21A LEPRA
Ancillary search to persons - request person to open his/her mouth or to shake hair S23A is also the same but when person has been arrested for an offence
29
S24 LEPRA
Power to search in custody - Search person for anything who is in lawful custody and seize and detain anything found
30
S26 LEPRA
Search for knives and other dangerous implements (1) - P/P or school - Frisk search - SORG - Dangerous implement in their custody (1A) - Laser pointer (3) Person present in location with high incidence of violent crime (2) Student at school - search bag on or with person - search locker and contents (4) student at school to nominate adult to be present (5) Police officer can request person to produce (a) anything that police officer has detected or seen on or with the person during search and SORG is a dangerous implement (b) anything detected during search by metal detection device S28 LEPRA - Power to seize knives or other dangerous implements
31
S36 LEPRA
search vehicles and seize things without warrant (1) Police officer may without a warrant stop search and detain vehicle if police officer SORG that the vehicle or person in vehicle has in possession or under their control (A) anything Stolen or unlawfully obtained (B) Vehicle is/was/may have been used in commission of relevant offence (C) Something in vehicle is/was/may have been used in relevant offence (D) Public place or school and may contain dangerous article is/was/may have been used for commission of relevant offence (E) Prohibited drug/ plant (F) in public place or school and gives risk to public safety, use of power will lessen the risk ``` S36 (2) - without warrant SSD - class of vehicle S36 (3) - Seize and detain anything found (in 36(1) a,b,c,d,e,f) ``` (SUUDDR)
32
S201 LEPRA
IPE (1) Inform reason for exercise of power Provide name and place of duty Evidence that they are police (if not in uniform) (2) IPE when exercising power or as soon as reasonably practicable after (2C) 2 warnings given , first warning - required by law to comply, second warning - fail to comply, they are committing an offence (3) powers that must IPE - arrest - search - seize - move on - entry - request ID - crime scene (establishing)
33
S230 LEPRA
Use of force generally by police officers - Lawful for police excersising 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 reasonably necessary to exercise the function
34
S231 LEPA
Use of force in making an arrest - Police officer or other person who excersises a power to arrest another person may use such force as is reasonably necessary to make the arrest or prevent escape of person after arrest
35
S133 LEPRA
Taking Identification Particulars (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. MUST BE OVER 14
36
S136 LEPRA
(1) This section applies to a child under the age of 14 years who is in lawful custody for an offence. (2) A person must not take a photograph or the finger-prints or palm-prints of a child except in accordance with this section. Nothing in this section, however, prevents the taking of any child’s photograph, finger-prints or palm-prints in accordance with the order of a court under section 134. (3) A police officer of the rank of sergeant or above may, in respect of a child, apply: (a) to the Children’s Court, or (b) if it is not possible to apply to the Children’s Court within 72 hours after the taking of the child into custody, to an authorised officer, for an order authorising, for the purpose only of identifying the child, the taking of the child’s photograph, finger-prints and palm-prints
37
In what situations does a Police officer need to Believe on Reasonable Grounds
- Entry Powers (9,10) - DV (82, 86, 87) - Move On (197, 198)
38
In what situations does a Police officer need to Suspect on Reasonable Grounds
- Everything else - Except S99 (1)(b) (Police Officer satisfied arrest is reasonably necessary) - S43 (1) (child young person act, Police Officer Satisfied on Reasonable Grounds)

SESSION 2 (6 decks)

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