Resolving disputes Flashcards
Define dispute
An argument or disagreement between two individuals
Define resolving when something is amended or solved resulting in an outcome
Define law enforcement agency
A legal body or agency or that help dissolve disputes
define resolving
when something is amended or solved resulting in an outcome
what are the two main sources of legislation that police enforce
- the crimes act 1900 (NSW)
- Road transport Act 2103 (NSW)
where do the police get their powers from (legislation)
The main source of their powers are Law enforcement (powers and Responsibilities) Act 2002 (NSW)
when can police arrest a person
When you are committing an offence
you have, or he/she has reasonable grounds to suspect that you have, committed an offence
a warrant (written authority) has been issued for your arrest
How much force can the police use if they arrest a person?
A police officer may use as much force as is necessary to arrest you. Unreasonable force is an assault.
After your arrest, a police officer may handcuff you if, for example, you attempt to escape or the police officer thinks that you may escape.
When can the police search a person if they’re not under arrest
stolen goods or goods unlawfully obtained, for example cash from the sale of drugs
prohibited drugs
an item that has been, or may be, used in a serious crime, for example, tools to break into a car or house
knives, weapons or dangerous implements or a laser pointer
When does a person have to answer questions?
At every stage of the legal process you have a right to silence however it may be used against you in cort
police can administer a ‘special caution’ in serious cases meaning if you fail or refuse to tell police a fact that is later relied on in your defence in court, it may permit the court to use your silence against you.
Special cautions can only be given in the presence of a lawyer
