revision Flashcards
Define “Arrest”
is the process by which police may lawfully take a person into police custody. On arrest you are under the control of the police and taken to the station for questioning/processing. Arrest can be with ‘reasonable suspicion’ or with a warrant.
Define “Bail”
is the temporary release of a person charged with a crime before they are due to appear in court eg. Security deposit or bail conditions to be met.
Define “warrant”
is a legal document issued by the court that allows the police to exercise some of their legal powers eg. To arrest, to search.
Define “crime”
is an offence punishable by the state resulting in a fine or imprisonment.
Define “custody”
is being kept at police station under police control for up to 8 hours.
Define “remand”
is the period of time spent in jail before trial if bail has been denied. This time is deducted from a sentence if found guilty and sentenced to jail. Eg. 14 year sentence is reduced by the six months spent in remand prior to trial.
Define “sanction”
is a penalty imposed on those who break the law, usually in the form of a fine or punishment eg. a monetary fine for a simple offence and imprisonment for an indictable offence.
Define “juvenile”
is a person under the age of 18.
Define “rules”
are regulations or principles governing procedure or controlling conduct. They can be formal or informal eg. house rules, games, local club rules are informal and non-legal in nature
Define “law”
enforceable rules of conduct which sets down guidelines for relationships between people and organisation in society.
Explain the rule of law
is the principle that no one is above the law, including those who make the law eg. The police, government officials and the general public are all treated consistently under all laws and answerable to the same laws as every other citizen eg. Johnny Depp’s dogs.
Explain the sources of law
- Common Law (case law) which is law made by courts using precedent set by judge rulings in previous Supreme, High and Federal court cases. It is used when no appropriate Statute law exists; and
- Statute Law (legislation) law made by an Act of Parliament generally as a result of a catalyst eg. Port Arthur massacre and guns law, changes in societal values, an upgrade in technology (lobby groups, Bill, 3 reading, H of R, Senate, H of R, Royal Assent – Act of Parliament – Law)
Explain the functions of law
- To create laws that recognise and preserve values eg. Social values ie. Family law; moral values
- To establish boundaries of acceptable conduct in society eg. Right and wrong ie ’Lord of the Flies’ and enforce sanctions for unacceptable conduct eg. Fines and imprisonment;
- Provide the legal machinery to settle disputes eg. Various courts and tribulnals eg Supreme, Magistrate Courts; and
- To facilitate change eg. Same Sex Marriage Act
Explain the characteristics of law
- Laws must be acceptable to the community eg. Anti- Bikie laws
- Laws must be consistent eg. Stability to ensure people have confidence in the law
- Laws must be easily understood and not too much legal jargon eg. Lawstuff – rights of individual and rights of police to explain the PPRA 2000 OR RACQ to explain driving laws ie. roundabouts
- Laws must be up to date with changes in society eg Same Sex Marriage Act; and
- Laws must be communicated to people to ensure they are informed and aware eg. M1 speed limit change for the Commonwealth Games
EXPLAIN the role of police during a Criminal investigation process.
- To investigate crimes ie. to enforce criminal laws, maintain public order and keep the public safe; and to detect and apprehend offenders;
- To make arrests – must have ‘reasonable suspicion’ or a warrant and the suspect must be informed of certain rights eg. the right to silence if to be questioned for an indictable offence;
- To interrogate suspects – for a reasonable amount of time ie. 4 hours;
- To collect evidence – to be presented in court – number and photograph, bag evidence, make notes, collect DNA, fingerprinting, facial recognition, CCTV, search and seizure
DESCRIBE what Police have the right to ask you if you are stopped on the street?
If you are stopped on the street the police have the right to ask you your name and address and if you are U18 your DOB
DESCRIBE rights that a person has when they come into contact with police when they are arrested? DISCUSS how this changes when the person is under 18 years of age.
- To be informed that you are under arrest
- To be informed about the offence committed
- To ask the police officer’s name, rank and station
- A phone call to a solicitor or friend
- The right to remain silent (except provide name and address) IN ADDITION if Juvenile (U18) – age/DOB
- IN ADDITION if Juvenile (U18) – Right to have a parent or a responsible adult present for questioning
What are the two types of seraches?
1 Frisk search-A police officer can pat down over the outside of your clothes. The police may also check your outer clothes, pockets and anything you are carrying (for example, your bag).
2. Strip search-Done in a private area The police may require you to remove all your clothes and search you. Police can only strip search you if they reasonably think you are carrying an illegal weapon, knife or drug, stolen property or evidence of a serious crime.
L plates
age of 16 after passing written test
Display L plates
Zero blood alcohol and drugs
Complete 100 hours supervised driving recorded in learner logbook and pass practical test – move to P1 plates
Red P1
Right to accumulate 4 demerit points
Display Red P plates
Zero blood alcohol and drugs
Carry 1 passenger U21 between 11pm and 5am that is not a family member
After 1 year on P1 plates – move to P2 plates after passing hazard perception test
Green P2 plates
Display Green P plates
Zero blood alcohol and drugs
Carry legal limit passengers all hours
Right to apply for motorcycle learner licence
Use Bluetooth accessories for mobile phone
After 2 years on P2 plates – move to Open licence
Open licence
Right to accumulate 12 demerit points
.05 blood alcohol and zero drug limit
Role of police
Preserve the peace protect life and property Prevent crime detect and apprehend offenders help those in need of assistance
Police must destroy fingerprints after how long if you are not charged?
6 months
Police cannot Finger print someone under the age of what?
10years old
Police can fingerprint you on reasonable grounds if you are between the ages _ and _?
15 and 17 years old
If a 16 year old is the passanger in a vehicle and posesses drugs who is charged
the 16 year old is arrested for possesion of drugs
