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MODULE 1 > Random Law CARDS > Flashcards

Random Law CARDS Flashcards

1
Q

Arrest powers acronym (POWAID)

S. 99 – S. 105 - LEPRA

A

P- Police officer – Without Warrant S. 99
O- Other Persons – Without Warrant S. 100
W- Warrant To Arrest S.101
A- At large Persons S. 102
I- Interstate Offences S. 104
D- Discontinue Arrest S. 105

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2
Q

LEPRA Section 201 Part. 15– Police powers where IPE applies: (IPE’s)

A

Powers that require IPE: stop, search, arrest, search vehicle, enter premises, seize property, request identity, general directions and establish crime scene

Powers that don’t require IPE: enter or search a public place, covert search warrant, detain an intoxicated person Part 16.

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3
Q

LEPRA Section 202 Part. 15 (Safeguards IPE): (IPE’S)

A

PO to provide information when exercising powers.
- Evidence you’re a police officer, Name/place of duty, Reason for exercise of power.

  • PO must IPE before giving direction or as soon as reasonably practicable to do so.
  • Direction etc. given to group, not necessary to repeat to all persons.
  • If 2 or more PO exercising power, only one PO required to IPE.
  • If person subject to exercise of power asks, PO must IPE.
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4
Q

LEPRA Section 204A Part 15 (Validity of exercise of

powers): (

A

If the PO fails to provide their name or place of duty when exercising a power it does not render the exercise of the power unlawful or otherwise affect the validity of anything resulting from the exercise of that power.
• Does not apply if the failure to comply occurs after the police officer was asked for information.
• Does not apply to the exercise of a power that consists of a direction, requirement or request to a single person.

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5
Q

Arrest powers acronym (POWAID)

S. 99 – S. 105 - LEPRA

A

P- Police officer – Without Warrant S. 99
O- Other Persons – Without Warrant S. 100
W- Warrant To Arrest S.101
A- At large Persons S. 102
I- Interstate Offences S. 104
D- Discontinue Arrest S. 105

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6
Q

LEPRA Section 230 - (Use of force in exercising a

power/function):

A

It’s 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.

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7
Q

LEPRA Section 231 Part 18 - (Use of force in making an arrest):

A

A Police officer or other person who exercises a power to arrest another person may use as much force as necessary to make the arrest or to prevent the escape of the person after arrest

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8
Q

LEPRA Section 105 Part 8 - (Arrest may be discontinued):

A

A PO may discontinue an arrest in any of the following circumstances:
• If the arrested person is no longer a suspect or the reason for the arrest no longer exists.
• If it is more appropriate to deal with the matter in some other manner -

E.G. 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 .

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9
Q

Police Act 1990 S. 213

A

(Protection from personal liability)
A member of the NSW Police Force is not liable for any injury or damage caused by act or omission, in the exercise of good faith of
a function imposed by this or any other Act or law whether written or unwritten.

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10
Q

LEPRA S. 114 - Custody

A

(Detention After Arrest For Purposes of Investigation)
Police Officer has the power to detain and arrest a person for a period of time to investigate whether they committed an offence.
– After the investigation period, must be released or charged.

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11
Q

LEPRA S. 115 - Custody

A

Investigation Period – “6 hours”
• Begins when the suspect is being investigated for an offence (Not from when being detained occurs).

• Ends at a time that is reasonable in regard to circumstances and does not exceed 6 hours.

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12
Q

LEPRA S. 118 - Custody

A

Detention Warrant to Extend Investigation Period – “12 hours in total”
PO may apply for a warrant to extend the investigation period by a FURTHER 6 HOURS.

S. 134 LEPRA – Orders For Taking Identification Prints – Custody.

A court that finds a person guilty of an offence will be ordered to present themselves to a police station for the taking of identification particulars. Failure to comply will result in their arrest.
– This section allows us to take a full set of prints as opposed to field fingerprints (FCAN/FSCAN).

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13
Q

LEPRA S. 136

A

(Identification Particulars of Children Under 14 Years)
(3) PO Sargent or above may apply for an order authorising taking particulars of a child under 14 years age:

  • Through the Children’s Court or if not possible within 72 hours of taking into custody.
  • Through a Magistrate, Children’s Magistrate or registrar of the Local Court.
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14
Q

S. 203 P. 15 LEPRA (Safeguards IPE)

A

PO to give warnings.

PO must give warning to a person subject to exercise of power that they must:
• Required by law to comply and,
• Failure to do so may be an offence.
- Warning not required if they have already complied.

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15
Q

S. 105 P. 8 LEPRA - (Arrest may be discontinued):

A

A PO may discontinue an arrest in any of the following circumstances:
• If the arrested person is no longer a suspect or the reason for the arrest no longer exists.
• If it is more appropriate to deal with the matter in some other manner -

E.G. 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 .

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16
Q

Property Damage - S.195

Crimes Act 1900 - Destroying or damaging property Part 1:

A

PART 1:

  1. The accused
  2. Intentionally or recklessly
  3. Destroys or damage property
  4. Belonging to another person or joint ownership

Imprisonment for 5 years
– Caused by fire or explosives = Imprisonment for 10 years.

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17
Q

Property Damage - S.195

C Act 1900 - Destroying or damaging property Part 1(A):

A

PART 1(A):

  1. The accused
  2. In the company of another person or persons
  3. Intentionally or recklessly
  4. Destroys or damages property
  5. Belonging to another person or to the person and another.

Imprisonment for 6 years
– Caused by fire or explosives =
Imprisonment for 11 years.

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18
Q

Property Damage - S.195

C Act 1900 - Destroying or damaging property Part 2:

A

Part 2

  1. The accused
  2. In the company of another person or persons
  3. Intentionally or recklessly
  4. During a public disorder
  5. Destroys or damages property
  6. Belonging to another person or to the person and another.

Imprisonment for 7 years
– Caused by fire or explosives =
Imprisonment for 12 years.

19
Q

Property Damage - S.195 C Act 1900 - Destroying or damaging property - TABLE 1 offences:

A

TABLE 1:
IF: Property value exceeds $5000
OR: Serious Injury (GBH or more)
OR: The offence is listed in Table 1 of Schedule 1 of the Criminal Procedure Act 1986.
Prosecution and Defence may opt for higher jurisdiction. (District Court, Supreme Court).

20
Q

Property Damage - S.195 C Act 1900 - Destroying or damaging property - TABLE 2 offences:

A

TABLE 2:
IF: Property value is less than $5000
OR: NOT a Serious injury (Less than GBH)
OR: The offence is listed in Table 2 of Schedule 1 of the Criminal Procedure Act 1986.
THIS MEANS: That the prosecution only may opt for higher jurisdiction. (District Court, Supreme Court).

21
Q

Graffiti Control Act 2008 S.4 - Marking premises or property: (IMPORTANT)

A

(3) For the purposes of this section, a person commits an offence in “circumstances of aggravation” if the person intentionally marks the premises or other property:
(a) by means of any graffiti implement, or
(b) in such a manner that the mark is not readily removable by wiping or by the use of water or detergent.

Graffiti implement (Circumstance of aggravation)

(a) spray paint,
(b) a marker pen,
(c) any implement designed or modified to produce a mark that is not readily removable by wiping or by use of water or detergent.

22
Q

Elements of a Graffiti offence (Graffiti Control Act 2008 S.4):

A

Section 4 (1) elements:
• The accused, without a reasonable excuse or prior consent;
• Intentionally
• Marks any premises or property.
– Does not apply to the marking of any public footpath or public pavement with chalk
Maximum penalty: 4 penalty units.

Section 4 (2)
• All of the above elements
• Circumstance of aggravation
Maximum penalty: 20 penalty units or Imprisonment for 12 months.
– Must only send a person to prison if they have a previous graffiti conviction or possession of graffiti implement (S. 5 GTA)

23
Q

What are the elements of s.4(1) Graffiti control Act? (IMPORTANT)

A
  • The accused,
  • Without reasonable excuse or prior consent
  • Intentionally
  • Marks premises or property.
24
Q

Animals - S. 5 PCAA – Cruelty to animals:

A

• The accused
• Shall not commit or authorise an act of cruelty upon an animal or,
• Fail at any time to
– exercise reasonable care, control or supervision of an animal to prevent the commission of an act of cruelty upon the animal.
– alleviate the pain of an animal where necessary.
– provide veterinary treatment where necessary.

25
Q

Animals - S. 6 PCAA – Aggravated cruelty to animals:

A
  • The accused

* Shall not commit an act of aggravated cruelty upon an animal.

26
Q

S. 276 PEOA – Noise Abatement Direction:

A

Offensive noise is being or at any time in the past 7 days been emitted from any premises:
• Direct the person whom you believe to be the occupier of the premises to cause the emission of the offensive noise to cease, and/or
• Direct any person whom you believe to be making or contributing to the making of the noise to cease making or contributing to the making of offensive noise.
– Must comply with Part 15 LEPRA (safeguards)

27
Q

S. 277 PEOA – Contravening noise abatement direction:

A

A person must not within 28 days following the time at which the direction was given cause or permit offensive noise to be emitted from the premises

28
Q

S. 280 PEOA – Application of warrant to enter premises:

A

In order to obtain a warrant you must put a complaint to a Magistrate stating that you have been denied entry to specified premises and you believe that:
• Offensive noise is being or at any time in the past 7 days been emitted from any premises.
• It is necessary for you to enter the premises immediately in order to give a noise abatement direction in relation to offensive noise emitted from the premises or to investigate whether a noise abatement direction has been contravened.
• The warrant is to be executed as soon as practicable after it is granted, but not later than 24 hours after it is granted, and may be executed by day or night.
– May use reasonable force (whether by breaking open doors or otherwise) for the purpose of entering the premises in executing a warrant.

29
Q

S. 281 PEOA – Powers of police after entry by warrant:

A

PO may take only such action at the premises as is reasonably necessary to:
• Give the noise abatement direction or investigate whether there has been a contravention of a noise abatement
direction, and
• Exercise any power under s. 281(2) of the Act or any lawful power to arrest a person.
• Remain at the premises only as long as is reasonably necessary to take that action.

30
Q

S. 282 PEOA – Power to seize equipment:

A

If a noise abatement direction is in force and the person to whom the direction is given is contravening the direction. PO may seize/secure equipment being used to contravene the noise abatement direction.
– Must be warned that its continued use may lead to its seizure.
– Issue the person with a receipt that identifies the equipment, states the time and date of seizure, identifies the
police officer seizing the equipment and notifies the procedure for the return of the equipment.
– Any equipment that is seized or secured must be returned or released within 28 days.

31
Q

S. 22 MHA 2007 – Detention by Police Officer of Mentally Ill/Disordered:

A

PO may detain and transport a mentally ill/disordered person to a mental health facility if they believe on reasonable grounds the person:
• Is committing or has recently committed an offence.
• Has recently attempted to kill themselves or another person or it is likely they will do so.
• Has attempted to cause serious physical harm to themselves or others AND,
• It would be beneficial to the person’s welfare to be dealt with according to the MHA.
– PO may exercise powers (reasonable force, search and transport)

What To Include – S. 22 Form 
• Tell the story... include the history 
• What did they say?... use quotes 
• What part of s. 22 MHA did you use to detain them? 
• What is the risk?
32
Q

S. 81 MHA 2007 – Police Roles in Transporting Mentally Ill/Disordered:

A
  • Respect rights and dignity
  • Least restrictive under the circumstances
  • Not dependent upon expediency
  • Appropriate for risk factors
  • As promptly as practicable
33
Q

S. 81(4) MHA 2007 – Search Detained Mentally Ill/Disordered Persons.

A

PO may search person on transport to a mental health facility if reasonable suspicion the person has anything which could:
• Be a danger
• Assist in the person escaping from lawful custody

34
Q

S. 4 YOA 1997 - Definitions

“Child”:

A

Over 10 under 18.

35
Q

S. 4 YOA 1997 - Definitions

“Adult”:

A

Over 18.

36
Q

S. 4 YOA 1997 - Definitions

“Parent”:

A

Someone who is a guardian and has lawful custody of the child.

37
Q

S. 4 YOA 1997 - Definitions

“Person Responsible”:

A

A parent, or a person who has care of the child whether or not they have custody.

38
Q

Purpose of YOA 1997:

A
  • To keep young offenders out of the formal legal process.

- Is a fairer system for the offender and victim.

39
Q

P. 4 YOA – Caution – maximum 3 allowed:

A
  • Offence covered per s. 8 YOA
  • Admission required
  • Consent obtained. Child cannot be forced.
  • Entitled per s. 20 YOA Consider if action appropriate (seriousness, violence, victim harm).
40
Q

S. 7 YOA - 7 Principles of scheme:

A
  1. It must be the least restrictive sanction.
  2. Offenders must be informed of their right to obtain legal
    advice.
  3. Proceedings are not to be instigated if there is a more
    appropriate manner in which to deal with the child.
  4. Proceedings are not to be instigated to provide services to
    advance the welfare of the child.
  5. Children should be dealt with in their own communities.
  6. Parents are to be recognised during the process.
  7. Victims are to be recognised and be involved in the process.
41
Q

S. 8(1) YOA – Offences Covered Under YOA:

A
  • Summary Offences.

* Indictable offences which can be dealt with Summarily.

42
Q

S. 8(2) YOA – Offences Excluded Under YOA (BOOSSTT):

A

B – Breaches of AVO and DV offences (s. 13 Intimidation/Stalking).
O – Offences resulting in the death of a person.
O – Offences in Graffiti Control Act.
S – Strictly indictable offences.
S – Sexual offences.
T – Trafficking and supply of drugs (some exceptions).
T – Traffic offences (if old enough to hold a learner’s permit).

43
Q

S. 8(2A) YOA – Drug related offences covered by YOA:

A

Small quantities of drugs can be dealt with under YOA:

  • Less than 1 gram heroin, cocaine, amphetamine (the small quantity).
  • Less than 0.25 grams of ecstasy (small quantity).
  • Less than 15 grams cannabis leaf (1/2 the small quantity).
  • Less than 2.5 Cannabis plants (1/2 the small quantity).
  • Discretion may be used in relation to Cannabis if more than 1/2 the small quantity and not over but only if in the interests of rehabilitation.
44
Q

S. 10 YOA – Admission of offences only valid in the presence of:

A

• Child over 10 and under 14:

  • Parent/guardian.
  • Adult chosen with consent of parent/guardian.
  • Australian legal practitioner chosen by the child.

• Child over 14 and under 18:
- An adult chosen by the child.

MODULE 1 (8 decks)

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