Sergeant CPK Flashcards
OT Act 1989 Section 39
Place of safety warrant
Issued by a District Judge or JP or Registrar who is for the time authorised
Enter and search or remove and detain by force the child
where the child is in hospital direct the medical superintendent to keep that child at the hospital
OT Act 1989 Section 42
Search without warrant
Enter and search or remove and detain by force the child
Produce identity and disclose powers being used
OT Act 1989 Section 48
Out to late
Unaccompanied CYP in situation likely to impair mental or physical health
Maximum f 5 days once placed into custody
Young person means 15,16,17 year old
OT Act 1989 4 principles
well being and best interests of the child
public interest
interests of any victim
accountability of the child for their behaviour
OT Act 1989 Section 214
Arrest of CYP with out warrant
Witness views
Ensure appearnce
Evidence preservation
Property destruction
OT Act 1989 Section 214A
Arrest of CYP for breach of bail
Has to of breached 2 or more previous times
OT Act 1989 Section 215
Child to be informed of rights
Normal child rights
advise not required to accompany for questioning can consent and then refuse/withdraw
OT Act 198 Section 215A
Rights to be explained on request
OTA 1989 Section 216
Explain rights to CYP who is going to be charged
OTA 217
Explain rights to CYP who is arrested
OTA 218
Rights to be given in a manner and language appropriate to age and understanding
OTA 219
Rights not required to be retold if previously given with one hour
OTA 221
Admissibility of Statements
OTA 222
Persons who may be nominated
Any adult except enforcement officer
Unless cannot be located or believed will pervert course of justice
OTA 223
Statements made spontaneously can be admitted
OTA 229
Requirement to advise parents that child at station for questioning
Not allowed to speak with child alone if fears for safety or if the child is being guarded.
OTA 231
Person who may be nominated for info as to child being at station.
Any adult selected by child.
OTA 233
Nothing in OTA affects powers of LTA for breath/blood alcohol procedures
OTA 234
Custody following arrest.
Child should be released
OTA 235
CYP arrested may be placed into custody of the chief executive if Police believe will breach WEEP
OTA 236
CYP may be detained in custody if chief executive are satisfied that the child may abscond or be violent and suitable facilities are not available to the chief executive.
Police response to family harm principles
Early intervention
culturally appropriate
safety
collecting risk info
accountability
working collaboratively
Police Safety Order party names
Bound Person
Person at risk
Time to arrest a person following brach of PSO
One month to locate and take into custody from date of breach
How long can hold someone in custody following breach of PSO
24 hours
Offences related to PSO’s?
Failing to remain - can arrest
PSO’s are considered complaints not offences
Issuing a PSO to CYP
Only if 16 or 17
Only if believe to prevent violence and OnDuty level of concern is high and approval from senior sergeant and senior sergeant has consulted OT
Protection Order Protected persons
Applies to children automatically if below 18, adult children need to be specifically nominated
Protection Order terms
Respondent
Applicant/protected
Non molestation and non violence orders
Treated as protection orders
If comes to attention they hold firearms need to inform inspector to consider revocation
FVA Dowry related violence
Dowry means solely or inpart from concersn about whether, how or how much any gifts goods money etc to other person.
FVA 14
Meaning of family relationship considerations
nature and intensity of relationship
amount of time spend together
place or places that time is ordinarily spent
manner in which that time was spent
Does not require a sexual relationship.
FVA 28
Power to issue PSO
FVA 31
Limit on issuing to child 16 or 17 years
FVA 32
Power to detain for issuing of PSO
Power to arrest for failing to remain
FVA 34
PSO must be served within 48 hours
FVA 35
Duration of order max 10 days
FVA 36
Power to effect vacation of land
FVA 37
Power to effect surrender of weapons
FVA 43
Power to take person into custody for breach of PSO for 24 hours max
FVA 44
release of person after 24 hours and issued a summons
FVA 60
Person can apply for a protection order
FVA 79
Court can make protection order if court satisfied it is needed
FVA 80
Protection of people other than applicant eg child
FVA 90
Standard conditions
no violence
no contact
FVA 98
Standard condition to not possess weapons
FVA 99
Protection order suspends or revokes weapons
FVA 100
Protection orders means surrendering firearms licence
FVA 112
Offence to breach protection order
It is a defence if can prove had a reasonable excuse for breach
FVA 113
Power to arrest for breach of Protection order
FVA 176
Police to consider use of powers under Arms act
Trespass Act 1980 Sec 12
Any person who commits an offence against that act and is carrying a weapon may be disqualified from holding a firearms licence
Arms Act 1983 Sec 40
On demand person in possession of weapon to give name address and DOB
Arms Act 1983 Sec 66
Occupier of premises or driver of vehicle deemed to be in possession of firearm that is found
S & S S18
Warrantless search of person, place or vehicle (or anything under their control) for arms
Coroners Act S 128
Application to remove body if family doesn’t allow
Apply for warrant if direction from coroner given (S20)
Coroners Act 129
When executing warrant (S128) may use reasonable force
Policing Act 32
Identifying particulars of person incustody
photo
fingerprints
biographical details - name address DOB
Policing Act 33
Power to take identifying particulars when summoned
Policing Act 36
Care and protection of intoxicated person
no longer than 12 hours
Victim Rights Act S7
Treatment with respect dignity courtesy compassion privacy
Victims Rights S8
Access to services
welfare health counselling medical legal
Victims Rights S11
Info about programmes remedies services
Victims Rights S12
Info about proceedings
Victim Rights S17
Information to be ascertained from victim - all related info injuries losses, damages
Victim Rights S17 AA and AB
Victim impact statements - should include ant children who were present/involved
can include photographs/diagrams
Victim Rights S18
Procedure before ascertaining info from victim
that it is for a impact statement
info must be given as truthful
Victim Rights S29
Specified offences
Victims Rights S29A
Commissioner to decide if the offence is a specified offence
Victim Rights S30
Victims views about release/bail
Victim Rights S31
Police to give victims of specified offences info about right to appoint repesentative
Victim Rights S40
Right to appoint repsentative to recieve notice on behalf of victim
Victim Rights S49
Vcimtims can make complaints if rights not adhered too
Victim Rights S51
return of property
S & S 20
Warrantless search places and vehicle for drugs
S & S 21
Warrantless search of people found in or on places or vehicles
S & S 22
Warrantless power to search people for drugs if reasonable grounds to believe
Mental Health 38
Call for assistance of DAO when person may need assessment
Mental Health 41
DAO can call for Police Assistance
Only enter with out a warrant if not practical to obtain one
Mental Health Section 109
Mental Health in public
Mental Disorder definition keywords
poses a serious danger,
seriously diminished capacity to look after themselves
Mental Health 122B
Power to use force
Sale and Supply Alcohol 266
Closure of licensed premises by Police
fighting or serious disorder has or is likely to happen
SSA 267
Powers of entry licensed premises
SS 269
Power to deman info
Name address dob
Riot definition
6 or more person acting together using violence against persons or property
How long can you close a liquor premises for
no more than 24 hours
can use reasonable force
local government act 169
power of search arrest and seizure in relation to alcohol bans
local government 170
inform and provide opportunity to remove liquor container