Sergeant DAVIDSON'S recommended to learn for Sum 2 topics. Flashcards
Describe Section 109 of the Mental Health Act 1992.
Police powers in relation to person appearing to be mentally disordered in public place.
(1) If any person is found wandering at large in any public place and acting in a manner that gives rise to a reasonable belief that he or she may be mentally disordered, any constable may, if he or she thinks that it would be desirable in the interests of the person or of the public to do so
(a) Take that person to a Police station, hospital, or surgery, or to some other appropriate place; and
(b) Arrange for a medical practitioner to examine the person at that place as soon as practicable.
2. If the medical practitioner clears the patient they shale be released forthwith.
5. Detention of a patient shale last no more than 6 hours or the time it takes to conduct the assessment examination, whichever is shorter.
Describe Section 110C of the Mental Health Act 1992
Powers of Police when urgent assistance required.
(1) A constable called to the assistance of a medical practitioner.
(a) may enter the premises where the person or proposed patient is and,
(b) must if not in uniform produce I.D. to the occupier.
(2) A constable who enters the premises under (1) may (a) detain the patient or person at the request of the medical practitioner.
(b) take the patient or person to another place advised by the medical practitioner and detain there.
(3) Detentions shale last no longer than 6 hours or the time it take to conduct a medical examination, administer a sedative drug or conduct an assessment examination, whichever is shorter.
Describe Section 41 of the Mental Health Act 1992
Police assistance of a Duly Appointed Officer (employees of mental health services appointed as DAO)
Pretty much the same as 109 and 110C. Constables need to assist these people the same way they assist medical practitioners in these circumstances.
Describe a Restricted Patient
These are patients who are subject to a compulsory treatment order but are
considered to present a danger to the public.
Describe a Special patient
These are patients who are detained by way of a court order if they are found
to be criminally insane or unfit to plead. The category also includes people
on remand for a psychiatric report.
What power may you use to stop someone you believe is suffering from a mental illness and should not be driving?
Section 121 LTA, FARMED
Who issues a Protection Order?
The Courts.
How long before a Temporary Protection Order becomes permanent if not challenged?
3 Months.
Describe “applicant” in regards to a protection order.
The person who is applying for the Protection order (victim). The person who is at risk from another.
Describe “Respondent” in regards to a protection order
The person of whom the Protection order is being served against.
What are the 3 standard conditions of a Protection Order?
- No Violence of any kind, including encouraging anyone else to be violent towards the applicant.
- Where parties are not living in the same dwelling house. They must not make any contact with the protected person (whether by
telephone, electronic message, correspondence or
otherwise) unless it is reasonably necessary in an
emergency, or is permitted under a custody or access
order, or under a special condition. They must also not loiter in or around any place where the applicant is known to frequent. e.g. where the applicant works or where the applicants children attend school. - No weapons.
Under section 21, the respondent must:
• as soon as practicable after they are served with the copy of the protection
order, but in any case no later than 24 hours after such service and
• on demand made, at any time, by any member of the police surrender to a
member of the police;
• any weapon in the respondent’s possession or under the respondent’s control and
• any firearms licence held by the respondent.
Firearms licences held by the respondent are deemed to be:
• suspended when a temporary protection order is issued and
• revoked when a protection order becomes a final order.
What is the penalty for attempts offence?
Half the length for the offence they attempted to carry out. e.g. Burglary attempt would be max 5 years imprisonment.
What is the penalty for parties to an offence?
Same as the offence they were party to.
Under parties to offences describe “Procures”
Obtains, acquires or brings about
Example: Pete wants a stereo from The Warehouse. He asks Anton to steal it for him
Under parties to offences describe “Counsels”
Gives advice, instigates or plans
Example: (R v Baker) Baker wrote a letter to a friend telling him how to blow a safe. Baker was convicted of actually blowing the safe.
Under parties to offences describe “Incites”
Urges on or stirs up
Example: Pete yells at Sam “Oi punch him in the plums, bro!!”.
Under parties to offences describe “Abets”
Encourages or assists
Example: Pete gives Wiremu a taiaha to hit Jason.
Under parties to offences describe “Aids”
Helps; gives actual assistance in the commission of the offence
Example: the ‘lookout’ at a burglary
Flow chart for parties to offence
Procures
Counsels —> Abets —> Aids
Incites
What can the courts do if someone contravenes a PSO?
Reissue the same PSO
Issue a new PSO
Issue a protection order.
Do nothing.
Describe person at risk in a PSO.
The person of which the PSO is there to protect.
Describe the “bound person” in a PSO
The person of whom the PSO is taken out against.
What is the longest a PSO can go for?
5 Days
How long do police have to issue a PSO?
48 Hours
