S&S and Youth Flashcards
Section 15
Enter a search of a place if suspect 14+ offence committed and believe evidential material will be CADD.
Section 16
Search person in public if believe in possession of evidential material relating to 14+ offence committed
Section 17
Search vehicle in public place if believe you’ll find find evidential material relating to 14+ offence
Section 9
Stop vehicle to find person at large or having committed imprisonable offence.
Section 27
Search person in public if suspect committing offence in relation to Possessing offensive weapons.
Firearm- definition
Anything from which any shot,bullet,missile or other projectile can be discharged by force of explosive
Curtilage
Legal term to define the land immediately surrounding a house. The area from which an owner would have a reasonable expectation of privacy.
Section 46E S&S
Observe private activity without device from public areas.
Observe curtilage with device for 3hrs in 24hr period, 8 hours total.
Section 214 OT Act 1989
Arrest child or young person
-ensure appearance before the court
-prevent committing more offences
-prevent CADD of evidence.
Section 215A OT Act 1989
Rights to be explained to child or young person on request- do not need to re-explain within 1 hour
Section 218, OT Act 1989
All communication with child/young person to be in a manner appropriate to there age and level of understanding
Doli Incapax?
A common law presumption that children under a particular age are incapable of evil and therefore should not be culpable for any criminal act or omissions.
Under 10 cannot be held legally responsible
10-13 cannot be criminally liable, unless knew what they were doing was wrong