SC

Question 1

Eligibility for bail
The following persons are eligible for release on bail under this Act (a12 - g)

Answer 1

a person who has been taken into custody—
(i) on a charge of an offence; or
(ii) in the case of a child—on suspicion of having committed an offence

(b) a person who has been convicted of an offence but has not been sentenced for that offence;

(c) a person who has been convicted of, and sentenced for, an offence but has not exhausted all rights of appeal against the conviction or sentence, or to have it reviewed;

(d) a person who is appearing before a court for allegedly failing to observe a condition of a recognizance;

(e) a person who appears before a court in answer to a summons (including a person who so appears as a witness);

(f) a person who has been arrested on a warrant and is appearing or is to appear before a court as a witness;

(g) a person arrested on a warrant issued under section 19A;

6 Published under the Legislation Revision and Publication Act 2002
(ga) a person who has been arrested without warrant under section 19B

Question 2

Discretion exercisable by bail authority

(1) If an application for bail is made to a bail authority by an eligible person who has been charged with, but not convicted of, an offence in respect of which he or she has been taken into custody, the bail authority should, subject to this Act, release the applicant
on bail unless, having regard to….? (a, b123, c, d, e, f)

Answer 2

(a) the gravity of the offence in respect of which the applicant has been taken into custody; and

(b) the likelihood (if any) that the applicant would, if released—
(i) abscond; or
(ii) offend again; or
(iii) interfere with evidence, intimidate or suborn witnesses, or hinder
police inquiries; or
(iv) commit a breach of an intervention order under the Intervention
Orders (Prevention of Abuse) Act 2009; and

(d) any need that the applicant may have for physical protection; and

(e) any medical or other care that the applicant may require; and

(f) any previous occasions on which the applicant may have contravened or failed to comply with a term or condition of a bail agreement; and

(g) any other relevant matter, the bail authority considers that the applicant should not be released on bail.

(2) If the applicant has been convicted of the offence in respect of which he or she has been taken into custody, the bail authority has, subject to this Act, an unfettered discretion as to whether the applicant should be released on bail.

(3) If the applicant is a person who is appearing or is to appear before a court as a witness in proceedings (other than proceedings relating to an offence for which that person has been charged or convicted), the bail authority should, subject to this Act, release the
applicant on bail unless there is a likelihood that the applicant would, if released, abscond.

(4) Despite the other provisions of this section, if there is a victim of the offence, the bail authority must, in determining whether the applicant should be released on bail, give primary consideration to the need that the victim may have, or perceive, for physical protection from the applicant.

Question 3

Bail Act - prescribed applicant means…

Answer 3

offences if committed, or allegedly committed, by the applicant in the course of attempting to escape pursuit by a police officer or attempting to entice a police officer to engage in a pursuit:

an offence against section 31 of the Intervention Orders (Prevention of Abuse) Act 2009 if the act or omission alleged to constitute the offence involved physical violence or a threat of physical violence; or

an applicant who is a serious and organised crime suspect

an applicant taken into custody in relation to a serious firearm offence

a serious drug offence (within the meaning of section 34 of the
Controlled Substances Act 1984); and
(ii) a serious offence against the person (within the meaning of
section 74EA of the Summary Offences Act 1953); or

an applicant who is a terror suspect; or

an applicant taken into custody in relation to an offence against section 86(4)
of the Children and Young People Act

Question 4

Conditions of bail
(1) Subject to this Act, every grant of bail is subject to the following conditions

Answer 4

must not possessing a firearm, ammunition or any part of a firearm

requiring the applicant to submit to such tests (including testing
without notice) for gunshot residue

that the applicant agree—

(i) to reside at a specified address; or
(ia) to reside at a specified address and to remain at that place of
residence while on bail, not leaving it except for one of the following
purposes:

(A) remunerated employment; or
(B) necessary medical or dental treatment for the applicant; or
(C) averting or minimising a serious risk of death or injury
(whether to the applicant or some other person); or
(D) any other purpose approved by a community corrections
officer;

Conditions to protect the victim (not contact etc.)

to be under the supervision of a community corrections officer and to obey the lawful directions of the officer; or
(iv) to report to the police at a specified place and at specified times; or
(v) to surrender any passport that the applicant may possess; or

Question 5

Bail authority may direct person to surrender firearm etc

Answer 5

A bail authority may, in relation to a grant of bail that is subject to the condition imposed by section 11(1)(a), direct the person to whom the grant of bail relates to surrender as soon as reasonably practicable at a police station specified by the bail authority any firearm, ammunition or part of a firearm owned or possessed by the
person.

(2) A person who refuses or fails to comply with a direction under subsection (1) is guilty
of an offence.

Maximum penalty: $10 000 or imprisonment for 2 years.

Question 6

Procedure on arrest

(1) If a police officer arrests a person who is, on arrest, eligible to apply for release on bail, the police officer must

Answer 6

as soon as reasonably practicable after delivering the arrested person to a police station, takes reasonable steps to ensure the arrested person understands that the arrested person is
entitled to apply for release on bail under this Act; and

(b) ensure that the arrested person (and, if the arrested person is a child, any guardian who is present) receives -

a written statement, in the prescribed form how an application for bail is made and,
the appropriate form for making an application for release on bail.

An eligible person who has been arrested on a charge of an offence must, if not released beforehand, be brought before the appropriate authority on the charge in relation to which he or she was arrested as soon as reasonably practicable but, in any event, not later than 4 pm on the next working day following the day of arrest.

(4) The appropriate authority before whom a person is brought under subsection (3) must inquire as to whether that person wants to apply for release on bail and, if the person answers in the affirmative, the authority must afford the person a reasonable
opportunity to apply for release on bail.

(5) For the purposes of this section, an eligible person may be brought before the Youth Court or the Magistrates Court—
(a) in person or by video link; or
(b) if the person is in custody in a police station or designated police facility that is situated in a remote area and there is no video link available—by audio link.

Question 7

Bail Act - appropriate authority means—

Answer 7

(a) in relation to a child—the Youth Court; and
(b) in any other case—the Magistrates Court;

remote area, in relation to the situation of a police station or designated police facility, means—
(a) 200 kilometres or more; or
(b) if some other distance is prescribed by the regulations for the purposes of this definition—that distance, from the nearest Youth Court or Magistrates Court

Question 8

Bail Act S18—Arrest of eligible person on non-compliance with bail agreement - What can a Court Issue?

Answer 8

If it appears to a court or justice that a person released on bail has contravened or failed to comply with a term or condition of a bail agreement, it may, if it appears necessary or desirable to do so, issue a warrant for the person’s arrest

Question 9

Bail Act S18 - What can a Police officer do… and then what must be done with the suspect?

Answer 9

A police officer may arrest without warrant a person released on bail if he or she has reasonable grounds for believing that the person—

(a) intends to abscond; or
(b) is contravening or failing to comply with a bail agreement; or
(c) has contravened or failed to comply with a bail agreement.

(3) A person who is arrested without warrant pursuant to subsection (2) must, after being delivered into custody at a police station or designated police facility, be brought as soon as practicable before—

(a) the court before which the person is bound to appear; or
(b) the Magistrates Court

Question 10

Domestic Violence - What is an act of abuse?

Answer 10

Act of abuse—an act which results in or is intended to result in:
 physical injury

 emotional or psychological harm

 an unreasonable and non-consensual denial of financial, social or personal autonomy

 damage to property owned, possessed or used by the victim.

Question 11

Domestic relationship -

Pursuant to the IOPA Act—for the purposes of establishing domestic abuse, two people are in a domestic relationship (currently or previously) when:

Answer 11

they are married

 they are domestic partners (refer to section 11A of the Family Relationships Act 1975)

 they are in an intimate personal relationship where their lives are interrelated and the actions of one affects the other

 they are the child, stepchild, grandchild or under the guardianship of the other party, irrespective of their current age

 they are the child, stepchild, grandchild or under the guardianship of the person who is or formerly was in a relationship with the other party in accordance with one of the first three dot points listed above (regardless of age)

 they are a child and the other party is acting in loco parentis

 they are a child who normally or regularly resides or stays with the other

 they are siblings

 they are related through blood, marriage, a domestic partnership or adoption

 they are related through Aboriginal or Torres Strait Islander kinship rules or are both members of a culturally recognised family group

 one is the carer of the other and is or has been involved with the person requiring care as a spouse, domestic partner, intimate partner or is the adult child of that person.

Question 12

Positive action

Positive action includes a police response that ensures a victim’s ongoing safety at all times and holds the offender accountable for their behaviour.
When holding an offender accountable for their behaviour, arrest is the preferred response because it:…. (3 points)

Positive action must aim to….? (3 points)

Answer 12

 provides immediate safety to the victim and children

 removes the offender from the scene and prevents the immediate situation from continuing or escalating while providing an opportunity for intervention

 is the quickest method of bringing the case before the court to allow judicial action.

Aim to…

 prevent an escalation of the violence and minimise further harm

 meet the unique safety needs of domestic violence victims and children while respecting their right to make choices for themselves wherever it is safe to do so

 hold an offender accountable for their violence in a way which is commensurate with the offending and the risk level to the victim.

Question 13

6 SAPOL VALUES (CIRCLS)

Answer 13

Collaboration, Integrity, Respect, Courage, Leadership, Service.

Question 14

5 PRINCIPLES per 2030 Vision (CC TOP)

Answer 14

Community centered, Collaborative partners, Technology enabled, Our people, our strength, Prevention First

Question 15

Code of conduct: SELF test

Answer 15

Scrutiny, Ethical, Lawful, Fair

Question 16

Code of conduct Statements

Answer 16

• Act with honesty and integrity,
• Conduct themselves in a professional manner,
• Perform duties dilligent and competent manner… and also
• carry out duties promptly and be
  receptive and responsive to lawful
  orders and instructions.
• avoid and report possible conflicts of interest
• not improperly obtain or seek to obatin a benefit or advantage.
• take such action as is necessary and reasonable with respect of other members who fail to meet expected standards.
• avoid conduct interstate or overseas that would discredit SAPOL.
• act within your powers and authorities given to them by law and in accordance with GO.
• respect diversity within the community
  and the workplace by recognising that
  all people are entitled to courtesy, and
  fair and equal treatment
• be responsible for the proper use and
  treatment of any property, equipment
  or assets in their care or custody
• maintain the confidentiality of any
  information obtained in the course of
  police duties

Question 17

ICCS branches (popcicl cris)

Answer 17

Command and Control
Safety
Communication
Intelligence
Planning
Operations
Logistics
Public information
Investigations
Recovery
Coordination Responsibilities

Question 18

Service delivery charter - (PPDDMK)

Answer 18

Provide a polit eand courteous, respectful service

Deal professional with an intiial enquiry

manage an investigation or process

Keep people informed of an enquiry

Deal with the circumstances

Provide information

Question 19

Leadership charter

Answer 19

promote a customer focused approach

model and encourage ethical behaviour

accept accountability for organisational performance and the initiation of change

conduct themselves in a fair, firm and decisive manner

are responsive to the needs, welfare and safety of others

model and encourage a communication style which is clear, frank and timely

 encourage and reward innovation and initiative

foster teamwork and co-operation

Question 20

3 Pillars of SAPOLS commitment to Domestic Violence

Answer 20

Prevention, Collaboration, Protect.

Question 21

MHA - S57 - A police officer BORGS that.. (A,B,C)

Answer 21

(A) that the person is a patient in respect of whom—
(i) a patient assistance request has been issued under section 54A(1); or
(ii) a patient transport request has been issued under section 55(1); or

(B) a police officer believes on reasonable grounds that the person is a patient who is absent without leave; or

(C) it appears to a police officer that—
(i) the person has a mental illness; and
(ii) the person has caused, or there is a significant risk of the person causing, harm to himself or herself or others or property; and
(iii) the person requires medical examination

Question 22

MHA S57 - How police form an opinion of a persons MH

Answer 22

A police officer is not required to exercise any medical expertise in order to form an
opinion about a person under subsection (1)(c) and may form such an opinion based
on the officer’s observations of the person’s behaviour or appearance or reports about
the person’s behaviour, appearance or history.

Question 23

What may a Police officer do in relation to exercising authorities under S57MHA. (a-f)

Answer 23

(a) the police officer may take the person into his or her care and control;

(b) the police officer may transport the person from place to place;

(c) the police officer may restrain the person and otherwise use force in relation to the person as reasonably required in the circumstances;

(d) the police officer may enter and remain in a place where the officer reasonably suspects the person may be found;

(e) the police officer may use reasonable force to break into a place when that is
reasonably required in order to take the person into his or her care and
control;

(f) the police officer may search the person’s clothing or possessions and take possession of anything in the person’s possession that the person may use to cause harm to himself or herself or others or property

Question 24

S57 MHA -
A police officer who takes the person into his or her care and control must, as soon as practicable…..

Answer 24

transport the person, or arrange for the person to be transported by some other police officer or by an authorised officer, to a treatment centre;

Question 25

Purpose of Police

Answer 25

(a) uphold the law; and

(b) preserve the peace; and

(c) prevent crime; and

(d) assist the public in emergency situations; and

(e) co-ordinate and manage responses to emergencies; and

(f) regulate road use and prevent vehicle collisions.

Question 26

Police Act - Drug and alcohol testing
what tests can be done to PO

and what 4 circumstances can/may a PO be tested for

Answer 26

member, cadet, PSO may be required to submit to a
- alco/BA
- drug screen
- biologicval sample for purpose of a blood test, urine or oral fluid

Police, cadet, or PSO may also be required for testing after being in….

• criotical incident,
• HRD,
• BORG that a member as recentyl consumed alcohol/drugs
• is applying for a classified appointment or position.

Question 27

ARR 304—Direction by a police officer or authorised person

Answer 27

(1) A person must obey any reasonable direction for the safe and efficient regulation of traffic given to the person by a police officer or authorised person, whether or not the person may contravene another provision of the Australian Road Rules by obeying the direction.

It is a defence to the prosecution of a person for an offence against a provision of the Australian Road Rules if, at the time of the offence, the person was obeying a
direction given to the person under subrule (1

Question 28

CLCA stalking - A [person stalks another if on at least.. (8 categories) (intending…)

Answer 28

(a) on at least two separate occasions, the person—

(i) follows the other person; or

(ii) loiters outside the place of residence of the other person or some other place frequented by the other person; or

(iii) enters or interferes with property in the possession of the other person; or

(iv) gives or sends offensive material to the other person, or leaves offensive material where it will be found by, given to or brought to the attention of the other person; or

(iva) publishes or transmits offensive material by means of the internet or
some other form of electronic communication in such a way that the
offensive material will be found by, or brought to the attention of, the
other person; or

(ivb) communicates with the other person, or to others about the other person, by way of mail, telephone (including associated technology), facsimile transmission or the internet or some other form of electronic communication in a manner that could reasonably be expected to arouse apprehension or fear in the other person; or

(v) keeps the other person under surveillance; or

(vi) acts in any other way that could reasonably be expected to arouse the
other person’s apprehension or fear; and

(b) the person—
(i) intends to cause serious physical or mental harm to the other person
or a third person; or

(ii) intends to cause serious apprehension or fear.

Question 29

Assault
(1) A person commits an assault if the person (a - e)

Answer 29

(a) intentionally applies force (directly or indirectly) to the victim; or

(b) intentionally makes physical contact (directly or indirectly) with the victim, knowing that the victim might reasonably object to the contact in the circumstances (whether or not the victim was at the time aware of the contact); or

(c) threatens (by words or conduct) to apply force (directly or indirectly) to the victim and there are reasonable grounds for the victim to believe that—
(i) the person who makes the threat is in a position to carry out the threat and intends to do so; or
(ii) there is a real possibility that the person will carry out the threat; or

(d) does an act of which the intended purpose is to apply force (directly or
indirectly) to the victim; or

(e) accosts or impedes another in a threatening manner.

Question 30

Choking, suffocation or strangulation in a domestic setting. A operson…

Answer 30

(1) A person who is, or has been, in a relationship with another person and chokes, suffocates or strangles that other person, without that other person’s consent, is guilty of an offence

Question 31

Violent disorder (affray1 -2 (riot 12+)

Answer 31

If 3 or more persons who are present together use or threaten unlawful violence and the conduct of them (taken together) is such as would cause a person of reasonable
firmness present at the scene to fear for his or her personal safety, each of the persons
using or threatening unlawful violence is guilty of an offence.

Question 32

Humiliating or degrading filming

Answer 32

(1) A person who engages in humiliating or degrading filming is guilty of an offence.
Maximum penalty: Imprisonment for 1 year.

(2) A person who distributes an image obtained by humiliating or degrading filming knowing or having reason to believe that the victim—

(a) does not consent to that particular distribution of the image; or

(b) does not consent to that particular distribution of the image and does not
consent to distribution of the image generally,

is guilty of an offence

Question 33

Aggravated offences

Answer 33

(a) the offender committed the offence in the course of deliberately and systematically inflicting severe pain on the victim

(b) the offender used, or threatened to use, an offensive weapon to commit, or
when committing, the offence;

(c) the offender committed the offence gainst a police officer, prison officer,
employee in a training centre or other law enforcement officer—
(i) knowing the victim to be acting in the course of his or her official
duty; or
(ii) in retribution for something the offender knows or believes to have
been done by the victim in the course of his or her official duty;

intending to prevent or dissuade the victim from taking legal proceedings or from pursuing a particular course in legal
proceedings; or
(ii) in connection with the victim’s conduct or future conduct (as party, witness or in any other capacity) in legal proceedings; or

Victim under 12 years old (14 for child sex acts)

Victim older than 60years

the offender committed the offence knowing that the victim of the offence
was a person with whom the offender was, or was formerly, in a relationship

he offender abused a position of authority, or a position of trust, in committing the offence

Question 34

indecent filming and private act definition

Answer 34

indecent filming means filming of—
(a) another person in a state of undress in circumstances in which a reasonable
person would expect to be afforded privacy; or

(b) another person engaged in a private act in circumstances in which a reasonable person would expect to be afforded privacy; or

(c) another person’s private region in circumstances in which a reasonable person
would not expect that the person’s private region might be filmed

private act means—
(a) a sexual act of a kind not ordinarily done in public; or

(ab) an act carried out in a sexual manner or context; or

(b) using a toilet

Question 35

General Search Warrants: - The police officer named in any such warrant may…

Answer 35

The police officer named in any such warrant may, at any time of the day or night, exercise all or any of the following powers:

(a) the officer may, with such assistants as he or she thinks necessary, enter into,
break open and search any house, building, premises or place where he or she
has reasonable cause to SUSPECT that—

(i) an offence has been recently committed, or is about to be committed;
or
(ii) there are stolen goods; or
(iii) there is anything that may afford evidence as to the commission of an
offence; or
(iv) there is anything that may be intended to be used for the purpose of
committing an offence;

(b) the officer may break open and search any cupboards, drawers, chests, trunks,
boxes, packages or other things, whether fixtures or not, in which he or she
has reasonable cause to suspect that—

(i) there are stolen goods; or
(ii) there is anything that may afford evidence as to the commission of an
offence; or
(iii) there is anything that may be intended to be used for the purpose of
committing an offence;

(c) the officer may seize any such goods or things to be dealt with according to
law.

Question 36

Power to search suspected vehicles, vessels, and persons

Answer 36

A police officer may do any or all of the following things, namely, stop, search and
detain—

(a)A VEHICLE or VESSEL in or upon which there is reasonable cause to suspect
that—

(i) there are stolen goods; or
(ii) there is an object, possession of which constitutes an offence; or
(iii) there is evidence of the commission of an indictable offence;

(b) A PERSON who is reasonably suspected of having, on or about his or her
person—
(i) stolen goods; or
(ii) an object, possession of which constitutes an offence; or
(iii) evidence of the commission of an indictable offence.

Question 37

LLA - Power to bar (WELFARE) - PO must take into account the fact that harm caused by the
excessive or inappropriate consumption of liquor includes—

Answer 37

(a) the risk of harm to children, vulnerable people and communities; and

(b) the adverse effects on a person’s health; and

(c) alcohol abuse or misuse; and

(d) domestic violence or anti-social behavior, including causing personal injury
and property damage.

Question 38

125A—Commissioner of Police barring orders -

(1) The Commissioner of Police may, by order served on a person, bar the person from entering or remaining on—

Answer 38

(a) specified licensed premises; or

(b) licensed premises of a specified class; or

(c) licensed premises of a specified class within a specified area; or

(d) all licensed premises within a specified area, for an indefinite period or a period specified in the order on any reasonable ground.

Question 39

LLA - Power to refuse entry -

An authorised person may, if necessary, use

Answer 39

e reasonable force to remove a person
from, or prevent the entry of a person onto, licensed premises if—

(a) the person is intoxicated; or
(c) the person is behaving in an offensive or disorderly manner.

(2) An authorised person may, if necessary, use reasonable force to remove a person from licensed premises if the authorised person reasonably suspects that the person has supplied, or is about to supply, liquor to an intoxicated person on the licensed
premises.

(2a) If a licensee or a responsible person for licensed premises requests a police officer to exercise a power conferred by this section in relation to a person, the police officer must do so if satisfied that the power may be exercised in relation to the person under this section.

(3) A person removed from licensed premises under this section who re-enters the licensed premises within 24 hours of being removed from them is guilty of an offence.

(4) A person who—
(a) is removed from licensed premises, or refused entry to, or prevented from
entering, licensed premises under this section; and
(b) enters or attempts to enter the licensed premises within the following
24 hours,

is guilty of an offence.

Question 40

S.55 Firearms Act. - power of police to require information (1) (2) and (3)

(1) a police officer may require a person who the police officer…..
(2) Without limiting the operation of subsection 1 a police officer may require…
(3) Subsection 2 applies -…

Answer 40

a police officer may require a person who the police officer suspects on reasonable grounds has knowledge of matters in respect of which information is reasonably required for the administration or enforcement of this Act to answer questions in relation to those matters to state the persons full name, date of birth and usual place of residence and to produce evidence of the persons identity.

(2) a police officer may require a person who the officer reasonably suspects this susbesction applies -
- to state their full name, address and date of birth. and
- to state whether they are the owner of the firearm or firearm related item and, if not, to state the name of the owner of the firearm or firearm related item; and

• to answer questions relating to the firearm or firearm related item or to other persons who have, or have had, possession of the firearm or firearm related item;
  or
• require that person to produce evidence to verify information given in response to a requirement under this section

TO THE OWNER of a firearm or firearm realted item to answer questions relating to -

• the where abouts of the firearm or firearm related item; or
• the person or persons who have, or have had, possession of the firearm or firearm related item

(3) subsection 2 applies -
- to a person who has, or recently has had, in his or her possession a firearm or firearm related item;
- to a person who is in the company of a person who has, or recently has had, in his or her possession a firearm or firearm related item;
- to a person who is an occupier or in charge of premises or a vehicle, vessel or aircraft on or in which a firearm or firearm related item is found;
- to a person who is or was on or in any premises, vehicle, vessel, aircraft ( other than those places open to which public are admitted) at the time or immediately before a firearm or firearm related item is found on or in the premises, vehicle, vessel or aircraft.

A person is guilty of an offence if the person fails or refuses, without reasonable excuse, to -

 (a) comply with requirements under this section, or,
 (b) answer a question put by a police officer to the best of his or her knowledge, information and belief.

Question 41

Serious Criminal Trespass and offences to this section

A person commits a SCT….

What is unique aggravation?

Answer 41

A person commits a serious criminal trespass if the person enters or remains in a place (other than a place that is open to the public) for the purpose of committing an offence to which this section applies.

Offences to which this these sections apply

• Theft, or an offence of which theft is an element (of any value)
• an offence against a person
• an offence involving interference with, damage to, or destruction of, property - punishable by imprisonment for 3 years or more (over $2500)

another person is lawfully present in the place of residence when the offence is committed and the offender knows of the other’s presence or is reckless about whether anyone is in the place.

Question 42

Robbery

A person who commits theft is guilty of robbery if the person - ….

Answer 42

A person who commits theft is guilty of robbery if the person -

• uses force, or threatens to use force, against another in order to commit the theft; or
• uses force, or threatens to use force, against another in order to escape from the scene of the offence; and

The force is used, or the threat is made, at the time of, or immediately before or after, the theft.

Question 43

Firearms act definition

S.4 of the Firearm states:

A ‘firearm’ means

Answer 43

Means a device -

• designed to fire bullets, shot or other projectiles by means of burning propellant or by means of compressed air or other compressed gas; or
• of a kind declared by the regulations to be a firearm,

Question 44

S.57 (7) Firearms Act - Stop, Search and detain for firearms

A police officer may…

Answer 44

A police officer may stop, detain and search or detain and search:

• any vehicle, vessel or aircraft on which the member suspects on reasonable grounds that there is a firearm or ammunition, or a firearm part, sound moderator, prohibited firearm accessory, restricted firearm mechanism or licence liable to seizure under this section; or,
• any person who the police officer suspects on reasonable grounds has possession of a firearm or ammunition, firearm related item, sound moderator prohibited firearm accessory or restricted firearm mechanism or licence liable to seizure under this section

Question 45

.57 (9) Firearms Act - Enter and search premises

Answer 45

A police officer may enter and search any premises in which the police officer suspects on reasonable grounds:

• there is a firearm or ammunition, or a firearm part, sound moderator, prohibited firearm accessory, restricted firearm mechanism or licence liable to seizure under this section;
• a firearm is kept contrary to the security requirements of this act

Question 46

S.57 (13) Firearms Act - Break, enter and search for firearms.

A police officer may, with such assistance as he or she considers appropriate….

Answer 46

A police officer may, with such assistance as he or she considers appropriate, use such force as is reasonably necessary to :

• break into any premises, vehicle, vessel or aircraft in order to gain entry or conduct a search under this section;
• if reasonably necessary for the purpose of conducting a search, break into or open anything in or on the premises, vehicle, vessel or aircraft.

Question 47

S.57 (2) Firearms Act - Firearms liable for seizure

A police officer may seize a firearm if they…

Answer 47

A police officer may seize a firearm if they suspect upon reasonable grounds that:

• A firearm is unregistered
• A firearm has been forfeited to the crown by order of a court; or
• A firearm is mechanically unsafe
• A person who has possession of a firearm is not a fit and proper person
• a person has possession of a firearm in contravention of an order of a court of this state or any other state or territory of the commonwealth
• a person has possession of a firearm in contravention of an intervention order
• the holder of a firearms licence authorising use of a firearm can no longer use the firearm for the purpose authorised under the licence

Question 48

S.44 Firearms act - Firearms prohibition order

The registrar may issue a FPO against a person if satisfied that -

Answer 48

The registrar may issue a FPO against a person if satisfied that -

• Possession of a firearm by the person would likely result in undue danger to life or property; or
• The person is not a fit or proper person to possess a firearm; and
• It is in the public interest that a FPO should apply to the person.

  OR

• The person has been or is a member of, or a participant in, a criminal organisation,
• Is the subject of a control order under the serious and organised crime Act

Question 49

S.57 (11) and (12) Firearms Act - FPO Authorities

Where a police officer suspects on reasonable grounds a person is subject to a FPO

Answer 49

Where a police officer suspects on reasonable grounds a person is subject to a FPO, the officer may, as reasonably required for the purpose of ensuring compliance with a FPO issued by the registrar or to which a person is subject by order of a court;

• Detain and search the person for any firearm or ammunition firearm part, sound moderator, licence liable to seizure under this section; and,
• Stop, search and detain;
  a vehicle, vessel, or aircraft which a person with a FPO is in charge of
  any private vehicle, vessel or aircraft of which a person with a FPO is or was a passenger
• enter and search a premises;
  that is occupied by a person with a FPO or is under the care, control or management of that person;
  that are a private premises in which a person with a FPO is or was present, and search for any firearm or ammunition, firearm part, sound moderator or licence liable to seizure under this section.

Question 50

S.85 Criminal law consolidation act - Arson and other property damage.

List sections 1 - 5. (A person who, without….)

Answer 50

1) A person who, without lawful excuse by fire or explosives, damages property that is a building or motor vehicle (whether the property belongs to the person or to another) -
a) Intending to destroy property; or
b) being recklessly indifferent as to whether his or her conduct damages property,
Is guilty of arson.

2) A person who, without lawful excuse, damages (other than by fire or explosives) another’s property that is a building or motor vehicle -
a) Intending to destroy property; or
b) being recklessly indifferent as to whether his or her conduct damages property,
Is guilty of an offence

3) A person who, without lawful excuse damages another’s property (other than a building or motor vehicle) -
a) Intending to damage property; or
b) being recklessly indifferent as to whether his or her conduct damages property,
Is guilty of an offence.

4) A person who, without lawful excuse, threatens to damage another’s property -
a) intending to arouse a fear that the threat will be, or is likely to be, carried out; or
b) being recklessly indifferent as to whether such a fear is aroused.
Is guilty of an offence.

5) subsection 4 applies to a threat directly or indirectly communication by words (written or spoken) or by conduct, or partially by words and partially by conduct

Question 51

To damage in relation to property includes - …..

Answer 51

a) to destroy the property;
b) to make an alteration to the property that depreciates its value;
c) to render the property useless or inoperative
d) in relation to an animal - to injure, wound or kill the animal,

and damage has a corresponding meaning.

Question 52

S.74D (1) (a-c) (i-iii) SOA - Obligation to record interviews with suspects

(1) An investigating officer who suspects, or has reasonable grounds to suspect, a person of having committed an indictable offence and who proposes to interview the suspect must ensure the following requirements are complied with.

Answer 52

(1) An investigating officer who suspects, or has reasonable grounds to suspect, a person of having committed an indictable offence (and wants to interview the suspect)

(A) if it is reasonably practicable to make an audio visual record of the interview, an audio visual record of the interview must be made:

(B) if it is not reasonably practicable to make an audio visual record of the interview but it is reasonable practicable to make an audio record of the interview, an audio record of the interview must be made:

(C) if it is not reasonably practicable to make either an audio visual record or audio record of the interview -

 (i) a written record of the interview must be made at the time of the interview; and
 (ii) as soon as reasonably practicable after the interview, the record must be read aloud to the suspect and an audio visual record made of the reading ; and
 (iii) when the audio visual recording begins (but before it begins) the suspect must be invited to interrupt the reading at any time to point out errors or omissions in the record;

Question 53

S.134 (1) CLCA - Theft (and receiving)

(1) A person is guilty….

Answer 53

(1) A person is guilty of theft if the person deals with property -
(a) dishonestly
(b) without the owners consent
(c) intending - to deprive the owner permanently of the property; or
- to make a serious encroachment on the owners proprietary rights.

Question 54

S.130 - Interpretation (theft/receiving property)

Deal means….

Answer 54

Deal - a person deals with property if the person -

(a) takes, obtains or receives the property; or
(b) retains the property; or
(c) converts or disposes of the property; or
(d) deals with the property in any other way

Question 55

What is Rape legislation?

A person is guilty……

Answer 55

A person is guilty of rape if the person engages or coninues to engage in sexual intercourse with another person who -

a) does not consent to engaging in the sexual intercourse
b) has withdrawn consent to the sexual intercourse and the offender knows or is recklessly indifferent to the bfact that the other person does not so consent or has so withdrawn the consent.

Question 56

Unlawful sexual intercourse legislation

S.49 (1) (3) (5) (6)CLCA -

(1) Child under 14 years,
(3) Child under 17 years,
(5) Position of authority - Child under 18 years
(6) Intellectual disability.

Answer 56

(1) A person who has sexual intercourse with any person under the age of 14 years shall be guilty of an offence and liable to be imprisoned for life.

(3) A person who has sexual intercourse with a person under the age of 17 years IGOO
(10 years)

(5) A person, who being in a position of authority in relation to a person being under the age of 18 years, has sexual intercourse with that person IGOO
(10 years)

(6) A person who knowing that another is by reason of intellectual disability unable to understand the nature or consequences of sexual intercourse, has sexual intercourse with that person IGOO

Question 57

Defences to Unlawful Sexual Intercourse

*** Consent defence under this section?? T/F

Answer 57

• the person with whom the accused is alleged to have sexual intercourse was, on or before the date of the offence was committed of or above the age of 16 years and;
• the accused was on the date of the offence under the age of 17 years or;
• beleived on reasonable grounds that the person with whom he is alleged to have sexual intercourse with was or above the age of 17 years.

*** Consent to sexual intercourse is not a defence to a charge of an offence under this section

Question 58

INTERVENTION ORDERS

S. 6 IOPAA — Grounds for issuing intervention order (a,b)

Answer 58

There are grounds for issuing an intervention order against a person (the defendant) if—

(a) it is reasonable to suspect that the defendant will, without intervention, commit an act of abuse against a person; and
(b) the issuing of the order is appropriate in the circumstances.

Question 59

S. 7 IOPAA —Persons for whose protection intervention order may be issued

(1) a, b (2) (3)
(1) An intervention order may be issued for the protection of…. a, b

Answer 59

(1) An intervention order may be issued for the protection of—
(a) any person against whom it is suspected the defendant will commit an act of abuse; or
(b) any child who may hear or witness, or otherwise be exposed to the effects of, an act of abuse committed by the defendant against a person.
(2) An intervention order may be issued for the protection of a person even if that person is not an applicant for the order and the application is not made on his or her behalf.
(3) If an issuing authority proposes to intervene against a defendant for the protection of more than 1 person, it may do so by issuing a single intervention order or by issuing multiple intervention orders, as it considers appropriate in the circumstances.

Question 60

OPAA DEFINITIONS

Emotional or psychological harm includes—

Answer 60

(a) mental illness; and
(b) nervous shock; and
(c) distress, anxiety, or fear, that is more than trivial.

Question 61

IOPAA Meaning of abuse — domestic and non-domestic (1) (2) a,b,c,d

(1) Abuse may take many forms including….

Answer 61

(1) Abuse may take many forms including physical, sexual, emotional, psychological or economic abuse.
(2) An act is an act of abuse against a person if it results in or is intended to result in—
(a) physical injury; or
(b) emotional or psychological harm; or
(c) an unreasonable and non-consensual denial of financial, social or personal autonomy; or
(d) damage to property in the ownership or possession of the person or used or otherwise enjoyed by the person.

Question 62

S.34 IOPAA—Powers facilitating service of intervention order (1) (2) a, b, i,ii, (3) a, i,ii, b, i, ii, (3a)

(1) If a police officer proposes

Answer 62

(1) If a police officer proposes to issue an interim intervention order against a person, the officer may—

(2)

(a) require the person to remain at a particular place for so long as may be necessary for the order to be prepared and served; and
(b) if the person refuses or fails to comply with the requirement or the officer has reasonable grounds to believe that the requirement will not be complied with—arrest and detain the person in custody (without warrant) for—
(i) so long as may be necessary for the order to be prepared and served; or
(ii) 2 hours or such longer period as is approved by the Court,

whichever is the lesser.

(3) If a police officer has reason to believe that a person is subject to an intervention order that has not been served on the person, the officer may—
(a) require the person to—
(i) remain at a particular place for so long as may be necessary for the order to be served; or
(ii) accompany the officer to the nearest police station for the order to be served; and
(b) if the person refuses or fails to comply with the requirement or the officer has reasonable grounds to believe that the requirement will not be complied with—arrest and detain the person in custody (without warrant) for—
i. so long as may be necessary for the order to be served; or
(ii) 2 hours or such longer period as is approved by the Court,

whichever is the lesser.

(3a) If a person accompanies a police officer to a police station in accordance with a requirement under subsection (3)(a)(ii), a police officer must ensure that the person is returned to the place at which the request was made, or taken to a place that is near to that place, unless to do so would be against the person’s wishes or there is other good reason for not so doing.

Question 63

35 IOPAA—Powers following service of intervention order

(1) If a police officer believes on reasonable grounds that,

Answer 63

(1) If a police officer believes on reasonable grounds that, in conjunction with serving an intervention order, it is necessary to arrest and detain the defendant in custody for a short period to prevent the immediate commission of abuse against a person protected by the order or to enable measures to be taken immediately for the protection of a person protected by the order, the police officer may arrest and detain the defendant in custody (without warrant) for—

(a) so long as may be necessary to prevent the immediate commission of abuse against a person protected by the order or to enable measures to be taken immediately for the protection of a person protected by the order; or

(b) 6 hours or such longer period as is approved by the Court, whichever is the lesser.

(2) The Court may, on application by a police officer, extend a period of detention under subsection (1) if satisfied that it is appropriate to do so in the circumstances, but not so that the aggregate period of detention of the person exceeds 24 hours.

Question 64

POLICE INTERIM IO

ISSUING A POLICE INTERIM IO

(4 dot points considerations)

Answer 64

• Defendant must be present/ in custody.
• must obtain authorisation prior to issue
• Authorisation must be from a substantive Sergeant or officer of police.
• The order comes into service upon personal service on the defendant.
• Must require the defendant to appear within 8 days after the date of the order (metro) or if court not within 8 days then within 2 days after court.

Question 65

S.33K CSA - Cultivation of Controlled plants

A person who… (cultivates, (4 points

Answer 65

A person who cultivates a controlled plant (other than a cannabis plant or

cultivates a cannabis plant by artificially anhanced cultivation or

cultivates more than the prescribed number of cannabis plants or

cultivates a cannabis plant intending to supply the plant or to supply or administer any product of the plant to another person.

IGOO!!!

Question 66

What does CULTIVATE a controlled plant mean? (5points)

Answer 66

cultivate a controlled plant means -

plant a seed, seedling or cutting of the plant or transplant the plant or

nurture, tend, grow the plant or

harvest the plant, (including separate the resin or other substance)

dry the harvested plant or part of the plant or

take part in the process of cultivation of the plant.

Question 67

Cannabis plant amounts.

How many is large commercial, commercial, traffic?

Answer 67

any plant of the genus Cannabis

100 large commercial
20 commercial
10 trafficable

Question 68

Traffic in a controlled drug means? (3 points)

Answer 68

Sell the drug or
Have possession of the drug intending to sell it or
Take part in the process of sale of the drug.

Question 69

Controlled drugs amounts

Cannabis - plant
Cannabis - resin
Cannabis - oil

~~~
Heroin
LSD
MDA (speed, meth)
MDMA (ecstacy)
Cocaine

Answer 69

Cannabis - Plant:

Large commercial: Pure 2kg Mixed: 12.5kg
Commercial: Pure 1kg Mixed 2.5kg
Trafficable: Pure 250g Mixed 250 g

Cannabis - Resin:

Large commercial: Pure 2kg Mixed 10kg
Commercial: Pure 1kg Mixed 2kg
Trafficable: Pure - Mixed 25g

Cannabis - Oil

Large Commercial: Pure 2kg Mixed 10kg
Commercial: Pure 1kg Mixed 2kg
Trafficable: Pure - Mixed 25g

Heroin

Large commercial: Pure 750g Mixed 1kg
Commercial: Pure 100g Mixed 200g
Trafficable: Pure - Mixed 2g

LSD

Large commercial: Mixed 15g
Commercial: Mixed 5g
Trafficable: Mixed .015g

MDA (speed - Meth)

Large commercial: Pure 750g Mixed 1kg
Commercial: Pure 100g Mixed 500g
Trafficable: Pure - Mixed 2g

MDMA (ecstacy)

Large commercial: Pure 750g Mixed 1kg
Commercial: Pure 100g Mixed 500g
Trafficable: Pure - Mixed 2g

Cocaine

Large commercial: Pure 750g Mixed 1kg
Commercial: Pure 100g Mixed 500g
Trafficable: Pure - Mixed 2g

Question 70

CSA traffick in a Prescribed area means… (3 points)

Answer 70

Prescribed licensed premises or an area being used in connection with a prescribed licensed premises. or

premises at which members of the public are gathered for a public entertainment or an area being used in connection with such premises.

Within 500m of a school (secondary or primary) measured from boundary, direct line.

Question 71

What does manufacture in relation to a controlled drug mean? (2 points)

Answer 71

Undertake any process by which the drug is extracted, produced, or refined or

Take part in the process of manufacture of the substance.

Question 72

S.52 CSA - Drug Warrants

A senior police officer, magistrate or Justice must not

Answer 72

A senior police officer, magistrate or Justice must not issue a drug warrant unless satisfied, on information given on oath -

• That there are reasonable grounds for suspecting that an offence against this act has been, is being or about to be committed: and
• that a warrant is reasonably required in the circumstances.

Question 73

Cell duties in regard to Ensuring each cell must be:

Inspect
Free
CCTV
Medical
Conduct
Accompany
Review

Answer 73

Inspected for any article that may be used to inflict harm or cause damage.

Free from rubbish after detainee removed and cctv covers clean.

CCTV is monitored to assist observations of detainee

Medical treatment/ assessment when required

Conduct inspections of not greater than 15mins for each detainee for first 2 hours of incarceration or utilising the exercise yard.

accompany supervisors and other authorised persons when on detainee inspections and ensure each inspection is properly recorded.

Review detainees after thier first 2 hours of mandated inspections.

Question 74

Explain Mandated detainee inspections

Answer 74

During the first 2 hours of a detainees incarceration, they are to be physically checked at intervals of not greater than 15 minutes for the first 2 hours

Once a care plan review (RA) has been completed and they dont pose any risks, then further inspections of irregular intervals of not greater than 1 hour are to take place.

First 2 hours 15mins checks
after 2 hrs irregular checks of 1 hour

Question 75

OP Safety Principles

Answer 75

Plan, Safety, Take charge, Appreciations, Risk assessment, Brief (SMEAC), Cordon and containment, Reduce confrontation, Avoid use of force, Resources.

Question 76

When to submit a PD355?

Answer 76

OC spray when used
Baton when used or lost control of.
Firearm - Cat 1 (drawn but no discharge)
- Cat 2 (drawn and shot fired but no inury)
- Cat 3 (drawn and fired causing injury/death)
Restraint techniques
Use of force with other techniques.

Question 77

xplain what is use of OC Spray

Answer 77

Actually spraying a suspect or spraying in their direction.
- Directing a cannister at a suspect but not actually spraying
- Spraying a dog or other animal.

Question 78

Explain what is use of the Baton

Answer 78

Any attempted or actual strike or direct threat to any person, including when a baton is deployed in a defensive technique. It does not include merely drawing the baton from its holder.

Question 79

xplain the Justifications for using the Baton and OC spray

Answer 79

Your protection in self defence
- Protection of other members of SAPOL, CC’s, PSO’s
- Protection of mebers of the public.
- Containing or preventing serious breach of the peace
- Protection from threatening or attacking animals.
- BATON ONLY - Arresting a person where its use, other than in a striking fashion is necessary and appropriate.

Question 80

Coroners Authorities

S.83C (1) Summary offences act - Authority to enter premises

A senior police officer…

Answer 80

A senior police officer (inspector or above) may authorise police to:

• Enter a premises on the grounds that an occupant of the premises has died and their body is in the premises
• That an occupant of the premises is in need of medical attention or other assistance.

Question 81

In considering whether an offence has been committed under S.46 RTA - Reckless and dangerous driving, the court must have regard to - …(4)

Answer 81

• The nature, condition and use of the road on whihc the offence is alleged to have been committed; and
• The amount of traffic on the road at the time of the offence; and
• The amount of traffic which might reasonably be expected to enter the road from other roads and places; and
• All other relevant circumstances, whether the same nature as those mentioned or not.

Question 82

S.44B Road Traffic Act - Misuse of Motor Vehicle

A person misuses a MV if the person….

Answer 82

A person misuses a motor vehicle if the person -

• operates a motor vehicle so as to produce sustained wheel spin; or
• drives a motor vehicle so as to cause engine or tyre noise, or both, that is likely to disturb persons residing or working in the vicinity; or
• drives a motor vehicle onto an area of park or garden or other road related area so as to break up the ground surface or cause other damage.

Question 83

S 86 (A) (1) CLCA - illegal use of a motor vehicle

A person who….

Answer 83

A person who on a road or elsewhere drives, uses or interferes with a motor vehicle without first obtaining the consent of the owner of the vehicle, Is guilty of an offence

Question 84

68A SOA - Authority to examin vehicle used without consent

A police officer may if he or she has……

Answer 84

A police officer may if he or she has reasonable cause to suspect that a vehicle has been stolen or used without the consent of the owner, and is on any land or premises, enter the land or premises and search for the vehicle, and if it is found, examine it.

Question 85

Section 75 - power to arrest

Answer 85

A police officer, without any warrant other than this act, at any hour of the day or night, may apprehend any person whom the member finds committing or has reasonable cause to suspect of having committed, or being about to commit an offence.

Question 86

S.74(a) - Name and address

(1) Police has RC2S of
(2) personal detail stated in response

Answer 86

1) where a police officer has reasonable cause to suspect -
(a) that a person has committed, is committing or about to commit an offence or,

(b) that a perosn may be able to assist in the investigation of an offence or suspected offence.

The officer may require that person to state any or all of the persons personal details

(2) Where a police officer has RC2S that a personal detail given in response to a requiremtn under sub sect 1 is false the officer may require that person making the statement to produce evidence of the correctness of the personal detail as stated.

(3) A person who -
refuse or fails without reasonable excuse, to comply with a requirement under susbsection 1 or 2 or
(i) in a response to a requirement, states a personal detail that is false or
(ii) produces false evidence of a personal detail
IGOO.

Question 87

S.52 (6) (9) CSA - Power to search, seize etc.

Answer 87

(6) An authorised person who is a police officer may search any person whom the officer has reasonable cause to suspect has in his or her possession a substance or equipment in contravention of this act.
(9) An authorised officer who is a police officer reasonably suspects that any substance or equipment that would afford evidence of an offence against this act is in any vehicle, vessel or aircraft, the officer may -
(a) require the driver of the vehicle, the master of the vessel or the pilot of the aircraft to stop the vehciel, vessell or aircraft.
(b) detain and search the vehicle, vessel or aircraft
(c) seize and remove from the vehicle, vessel or aircraft, anything that the officer reasonably suspects would afford evidence of an offence against this act.

Question 88

Breach of the Peace

an act done or….

and what can police do?

Answer 88

An act done or threatened to be done which either actually harms a perosn or in his presence his property, or is likely to cause such harm, or which puts someone in fear of such harm being done.

A member may -
restrain, detain and forcibly remove from the area anyone they reasonably believe is committing, has committed or is about to commit a breach of the peace.

Question 89

S.68 Stop, search, detain

(1) (a) vehicle, vessel.
(b) person

Answer 89

(1) A police officer may do any of the following namely stop search and detain -

a) a vehicle or vessel in which there is reasonable cause to suspect that -
(i) there are stolen goods
(ii) there is an object, possession of which constitutes an offence,
(iii) there is evidence of the commission of an indictable offence.

b) a person who is reasonably suspected of having on or about his or her person -
(i) stolen goods
(ii) an object, possession of which constitutes an offence.
(iii) evidence of the commission of an indictable offence.

Question 90

PFC - First member/patrol on scene

The senior member of the first attending patrol(s)The senior member of the first attending patrol(s) to attend an incident, emergency or unplanned operation is the police forward commander. they must

Answer 90

First member/patrol on scene
The senior member of the first attending patrol(s) to attend an incident, emergency or unplanned operation is the police forward commander.

Initial priority actions
They must:

 conduct a risk assessment and appreciation
 apply the operational safety philosophy and principles
 as soon as possible (using the ETHANE mnemonic), advise the Communications Centre (ComCen) and relevant agencies of:

 exact incident location
 type of incident
 hazards and immediate threats to life
 access to the site
 nature and extent of the situation
 emergency services present and other resources required
 undertake the responsibilities of the police forward commander until formally relieved or the incident is resolved (refer to 4. ROLES AND RESPONSIBILITIES, Police forward commander responsibilities further in this General Order).

Question 91

3 types of agencies under ICCS

Answer 91

Coordinating (SAPOL) Control, Support

Question 92

High risk definition

Answer 92

An incident will be classified a high risk situation when there is a reasonable belief that the behaviour of a suspect or the circumstances would place the life of employees or members of the public in jeopardy or expose them to serious bodily harm.

Question 93

What defines a victim and immediate victim

Answer 93

Victim—in relation to an offence, is a person who suffers harm as a result of the commission of the offence (but does not include a person who was a party to the commission of the offence).

Immediate victim—in relation to an offence, means a victim of any of the following classes:

 a person who suffers physical injury as a result of the commission of the offence

 a person who suffers psychological injury as the result of being directly involved in the circumstances of the offence or in the operations in the immediate aftermath of the offence to deal with its consequences

 where the offence was committed against a child—a parent or guardian of the child

 where the offence was committed against a person who dies as a result of the offence—a member of the immediate family of the deceased

Question 94

Person apprehended without warrant—how dealt with

(1) Subject to this section, a person who is apprehended without warrant must

Answer 94

as soon as reasonably practicable, be delivered into the custody of—

(a) the police officer in charge of the nearest custodial police station; or
(b) a police officer at a designated police facility.

(2) If a person is apprehended without warrant on suspicion of having committed a serious offence, a police officer may, for the purposes of investigating the suspected
offence, before dealing with the person in accordance with subsection

(1)— (a) detain the person for whichever is the lesser of—
(i) the period necessary to complete the immediate investigation of the
suspected offence; or
(ii) 4 hours or such longer period (not exceeding 8 hours) as may be
authorised by a magistrate; and

(b) take the person, or cause him or her to be taken, during the course of
detention under paragraph (a), to places connected with the suspected
offence.

(2a) In determining the period that has elapsed since the apprehension of a person for the purposes of subsection (2)(a), the following will not be taken into account:

(a) any delay occasioned by arranging for a solicitor or other person to be present during the investigation;
(b) any delay occasioned by allowing the person to receive medical attention;
(c) the time that would have been reasonably required to convey the person from the place of apprehension to—

the nearest custodial police station; or
the designated police facility,
(assuming that the person had been taken as soon as reasonably practicable to the custodial police station or designated police facility).

Question 95

20A Choking/suffocation in domestic setting

Answer 95

A person who is, or has been, in a relationship with another person and chokes,
suffocates or strangles that other person, without that other person’s consent, is guilty
of an offence.

(2) However, conduct that is justified or excused by law cannot amount to an offence
against this section.

if choking doesnt get up, assault can be switched to.

Question 96

reportable death means (UUVUU) and 5 others

Answer 96

by unexpected, unnatural, unusual, violent or unknown cause; or

(b) on an aircraft during a flight, or on a vessel during a voyage; or

(c) in custody; or

(d) that occurs during or as a result, or within 24 hours, of—
(i) the carrying out of a surgical procedure or an invasive medical or diagnostic procedure; or
(ii) the administration of an anaesthetic for the purposes of carrying out such a
procedure, not being a procedure specified by the regulations to be a procedure to which this
paragraph does not apply;

(e) that occurs at a place other than a hospital but within 24 hours of—
(i) the person having been discharged from a hospital after being an inpatient of the hospital; or
(ii) the person having sought emergency treatment at a hospital; or

(f) where the person was, at the time of death—
(i) a protected person under the Aged and Infirm Persons’ Property Act 1940 or the Guardianship and Administration Act 1993; or

(v) in the custody or under the guardianship of the Minister under the Children’s Protection Act 1993; or
a patient in an approved treatment centre under the Mental Health Act 1993; or

accommodated in a hospital or other treatment facility for the purposes of being treated for drug addiction; or

(g) that occurs in the course or as a result, or within 24 hours, of the person receiving medical treatment to which consent has been given under Part 5 of the Guardianship and Administration Act 1993; or

(h) where no certificate as to the cause of death has been given to the Registrar of Births, Deaths and Marriages; or

(i) that occurs in circumstances prescribed by the regulations.

Question 97

What is arrest criteria per GO (4 things)

And what are considerations for arrest to support criteria (6 main answers with 5 likelihoods)

Answer 97

• ensure appearance before a court
• prevent the loss or destruction of evidence
• prevent the continuation or repetition of the offence
• prevent the commission of other offences.
• the gravity of the offence
• any history of recidivism
• any history of committing offences whilst on bail
• the likelihood that the suspect would, were they not apprehended:
   abscond
   offend again
   interfere with evidence
   intimidate or suborn witnesses
   hinder police enquiries
• any real or perceived need a victim may have for physical protection
• any other relevant matters.