Random Flashcards
Who is the Sheriff of Victoria?
Julie Brown
Who are the 3 deputy sheriffs?
Matthew Eames
Cushla Raina
Travis Lamb-Jenkins
Where do Sheriff Officers get their powers from?
The Instrument of Delegation and Revocation
What is a legal entity?
A legal entity is legally permitted to enter into contracts, borrow debts, file suits or be named in suits.
What are the 3 legal entities?
Natural person
Incorporated company
Incorporated association
What is the legislative name of a DSR?
Specified Warrant Details
What are the three types of criminal warrants?
- Enforcement
- Arrest
- Seizure
What 3 things does a hard copy warrant contain?
- Authority
- Direction
- Arrest Outcome (where applicable)
What Act are Sheriff officers appointment under?
SO are appointed under the Public Administration Act 2004 for the purpose of enforcing court orders and contributing to the administration of justice in Victoria.
List the operational equipment officers should carry -
Hand held radio
Hand cuffs
OC spray
Extendable baton
BWC
Load bearing vest
Mobile phone
What four times can a SO utilise ‘use of force’?
- Hinder
- Arrest or imprisonment warrant
- Possession warrant
- Self defence or defence of others
What 3 Acts support the ‘use of force’?
Sheriffs Act 2009
Crimes Act 1958
Magistrates Court Act 1989
What section does the Crimes Act 1958 fall under and what does it mean?
Section 462A
It dictates citizens arrest whereby a person may use such force that is reasonable, necessary and proportionate to the situation/crime.
What is the 4 call policy?
Making reasonable attempts to make contact with debtor, following the EMAL method.
Early - 0700-0900
Morning - 0901-1200
Afternoon - 1201-1800
Late - 1801-2100
What do you do if you become a prohibited person?
Do not carry OC spray, baton and ballistic inserts. Return all prohibited weapons and tell SGT/RM immediately.
What are the 5 protected property you cannot seize?
- Household items
- Items worn by the debtor
- Awards (achievements or sentimental)
- Tools of trade
- Vehicles
What are the 5 categories you need authorisation to seize?
- Commercial aircraft and ships
- Perishable items
- Hazardous materials
- Livestock
- Crops
What is over-seizure?
Over seizure occurs when an officer has a seizable asset that is worth a substantial amount more than the warrant and lawful costs of execution.
Ask if the debtor can offer anything of lower value but still covers all costs.
If not, note the question was asked and denied.
How would a debtor pay for make payment after an arrest?
CWP - Community Corrections Office
Bail - Magistrates Court
Lodge - Police Station
When is a 7DN waiver applicable?
When a 7DN has lapsed on at least one warrant regardless of type. The debtor needs to understand, agree and sign away their rights via the 7DN waiver form.
What is a third party claim?
When another person other than the debtor claims ownership of seizable asset. Need to provide them with a Third Party Claim form or SAAS number.
What 5 things do you need to communicate to the debtor?
- Total amount of warrants and total indebtedness
- Payment demand
- Payment options
- Debtor options
- Sheriff actions
What are the 2 forms of OC spray?
Cone and stream
Who do you need to contact when an asset is seized and removed within the 7DN period?
Director of Fines Victoria - Duncan Stewart
What are the maximum and minimum community work hours?
Min - 8hrs
Max - 500hrs
What goes on the back of a cheque?
Receipt number (offical)
Obligation number
Badge number
(ROB)
What is detainment?
Tow a vehicle that has been immobilised and store in a SOV warehouse.
Define safekeeping
An agreement where the signatory takes possession of seized property on behalf of the Sheriff.
Need to agree to conditions of safekeeping and penalties of rescue.
What is the transaction code for Australia Post?
372
Priority of receipting payment ?
- Imprisonment warrant
- Arrest warrant
- Any other in order of lodgement/issue date
- Registered fines
Priority of Execution
- Seizure warrant
- Imprisonment warrant
- Enforcement warrant
- Arrest warrant
What is a warrant?
Is a court order authorising the sheriff to take enforcement action and apply sanctions on a person and company named on a warrant
The four steps of walking possession seizure -
- Announce you are seizing property
- Explain safekeeping conditions and penalties
- Ensure debtor understands, agrees and signs
- Complete paperwork (seizure of property and listing)
