Session 1 Flashcards
Caution
I am going to ask you some questions in relation to… You do not have to say or do anything if you do not want to. Do you understand that? I/We will record what you say or do. I/We can use this recording in court. Do you understand
Endorsement
This statement made by me accurately sets out the evidence that I would be prepared, if necessary, to give in court as a witness. The statement is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I will be liable to prosecution if I have wilfully stated in it anything that I know to be false or do not believe to be true
99 Lepra
99 LEPRA is the most common arrest power used by police
• The official caution is something we say to suspects when we arrest and/or question them to make what they say admissible.
What does ANZPAA stand for?
Australian New Zealand policing advisory agency
What is the definition of policing?
The maintenance of law and order by a police force
3 components needed in order for a crime to occur?
Victim
Offender
Location
Strategies to prevent crime
Education strategies
Media campaigns
High visibility policing
Environmental design influence
Three approaches the NSWPF take to maintain “law and order”
Prevention of crime
Disruption of crime
Response to crime
Sir Robert Peel’s second principle states:
“The ability of the police to perform their duties is dependent upon public approval of their existence, actions and behaviour, and the ability of police to secure and maintain public respect.” What does this mean?
The job of policing is easier with public approval
According to Peel’s ‘Nine Principles of Law Enforcement’, what is the basic mission for which police exist?
Prevent crime and disorder, as an alternative to the repression of crime
and disorder by military force and severity of legal punishment
What is the Doctrine of Precedent?
The doctrine that binds the lower courts to follow decisions of higher courts
that are within the same court hierarchy
With reference to the ANZPAA police officer quality ‘Leadership’, NSW Police Force officers should possess which of the following capabilities?
Show initiative and drive
Which of the following statements is most appropriate in relation to the meaning of case law?
Any reported decision made by a court
Which of the following types of sections is NOT found in legislation?
Offence creating section
What information does ANZPAA education and training guidelines for practice level police officer provide?
The qualities police should aspire to
Sir Robert Peel’s third principle states:
“The police must secure and maintain the willing cooperation of the public in voluntary observance of the law to be able to secure and maintain public respect.”
How is this principle best summarised?
The job of policing is easier if the public willingly observes the law
What is a crime?
A basic definition of crime is behaviour defined and sanctioned by criminal law, subject to specified penalties, imposed by a politically authorised state (Henry, 2013; 2019).
Barriers to communication in policing can include which of the following types of barriers?
Organisational, linguistic, and physical
What does Section 231 of LEPRA 2002 provide for?
A police officer or other person who exercises a power to arrest another person
Which of the following is NOT a justification for police to use their firearm?
If you are in danger of being overpowered.
You and your partner are speaking to a 20-year-old male about a property damage offence, and he is argumentative, stating that he has been wrongfully accused. You are using assertive communication skills to manage the situation. Suddenly, the male becomes violent, lashing out at you and your partner with clenched fists. What approach would you now use to control the situation
Situational aggression
What is meant by ‘encoding’ in communication?
Interpreting our thoughts and feelings
Which of the following best describes the meaning of culture?
A pattern of shared beliefs and value systems that influence thought and behaviour
Which of the following is a barrier to listening?
A lack of mutuality
What is meant by ‘coding’ in communication?
Putting our thoughts and feelings into words and nonverbal cues
What explain aggressive behaviour?
Behaviour that involves a person violating the social accepted boundaries
What are the four types of listening?
Non listening, marginal listening, evaluative listening, active listening
When are police justified to use their firearm?
There is an immediate risk to your life, or the life of someone else, or there is an
immediate risk of serious injury to you or someone else, and there is no
other way of preventing the risk.
Which quality or behaviour is displayed by an evaluative listener?
They listen to the message but fail to capture the feeling behind the words
What NSW Police Force policies encourage and support police reporting misconduct?
Internal witness support
Which of the following is an example of the systems that the NSW Police Force has in place to manage the risk of opportunities for corruption?
Ethics education and targeted recruitment
Which of the following is an example of the systems that the NSW Police Force has in place to manage the risk of opportunities for corruption?
Guidelines for Receipt of Gifts and Benefits
What four documents provide NSW Police Officers with the framework for ethical behaviour?
Statement of Values, Oath or Affirmation of Office, Code of Conduct and Ethics,
S.E.L.F Test
What NSW Police Force document provides clear, practical guidance for the conduct expected of all New South Wales Police Force employees and supports the Statement of Values and the Oath and Affirmation of Office?
NSW Police Force Handbook
The NSW Police Force Code of Conduct and ethics is an example of what type of document?
Policy
Which of the following sections can be found in a form of legislation known as an act, e.g. Law Enforcement (Powers and Responsibilities) Act 2002 (LEPRA)?
Definitions
What element is the crucial difference between Process Corruption and Noble Cause Corruption?
Men’s rea
Which of the following is an example of legislation?
Police Regulation 2015 (NSW)
What is an actual conflict of interest?
Where a conflict exists between your official duties or responsibilities
and your private interests
Which of the following is an example of the systems that the NSW Police Force has in place to manage the risk of opportunities for corruption?
Corruption Resistance Plans (CRP)
Where in legislation do you find the wording for the Oath of Affirmation of office?
Clause 7 Police Regulation 2015
What is the test that police can use to assist them in making ethical decisions?
S.E.L.F
What NSW Police Force policies encourage and support police reporting misconduct?
Internal Witness Support
Which of the following is an example of process corruption?
A police officer unlawfully records a conversation with a suspect to gain evidence
that will impress their supervisor
Having a high degree of integrity as a NSW Police Officer means that you practice and encourage ____and
_ communication (fill in the blanks)
Open and honest
What information is provided by the Statement of Values, section 7 of the Police Act 1990?
Details the shared ideals of the NSW Police Force and provides detailed
When dealing with a conflict of interest, how must police prioritise their interests?
Put the public interest before private interest
What NSW Police Force policy requires a constable of police to report misconduct?
Code of Conduct and Ethics
Which of the following would mount to Maladministration?
Using the station photocopier to copy perosnal documents
What is a perceived conflict of interest?
Where others could see that your private interests could improperly interfere with
or influence you in the performance of your official duties or responsibilities,
whether this is, in fact, the case
Which of the following is an example of the systems that the NSW Police Force has in place to manage the risk of opportunities for corruption?
Corruption Resistance Plans (CRP)
You see Yaser Karimi whom you know assaulted a police officer 6 months previously. You know he was never arrested for this offence but that a warrant has been issued for his arrest. As a police officer you may arrest by virute of?
Section 101 of Lepra
What does Section 177 Road Transport Act 2013 (NSW) allow police to do?
Require the person responsible for a vehicle to provide the name and home address of a driver who has offended against the road transport legislation.
It is lawful for a police officer to enter and be upon private premises without the consent of the lawful occupier?
In order to prevent an imminent breach of the peace
When making the decision to arrest an offender or not, a police officer must have regard to certain matters. These matters include the?
continuation or repetition of the offence
The coroner has the power to investigate the — and — of the fires?
Cause and origins
When dealing with a difficult customer, there are a number of key actions that police should take. Which of the following is one of those key actions?
Try to resolve the customer’s matter at the first point of contact
What legislation provides for a senior coroner to hold an inquest into the death of a person who has died while in police custody?
Coroners Act 2009 (NSW) S 23
Which of the following is an example of the systems that the NSW Police Force has in place to manage the risk of opportunities for corruption?
Career Management Scheme (CMS)
Which of the following is an example of process corruption?
A police officer unlawfully records a conversation with a suspect to gain evidence
that will impress their supervisor
Having a high degree of integrity as a NSW Police Officer means that you are
_and reliable (fill in the blank)
Trustworthy
What legislation sets out the requirement for police to take the Oath of Affirmation of Office?
Section 13 Police Act 1990
What does Section 211F of the Police Act 1990 require a constable of police to do?
Report alleged misconduct or serious maladministration, in writing,
to a sergeant or above
Which of the following sections can be found in a form of legislation known as an act, e.g. Law Enforcement (Powers and Responsibilities) Act 2002 (LEPRA)?
Powers
There are limited types of incidents or crimes that can be reported to the Police Assistance Line (PAL). Which of the following can NOT be reported to PAL?
a) Minor traffic crash
b) Lost property
c) Stealing
d) Minor assault
D- minor assault
There are limited types of incidents or crimes that can be reported to the Police Assistance Line (PAL). Which of the following can be reported to PAL?
a) Minor assault
b) Minor traffic crash
c) Robbery
d) Domestic violence offence
B- minor traffic crash
There are limited types of incidents or crimes that can be reported to the Police Assistance Line (PAL). Which of the following can be reported to PAL?
a) Minor traffic crash
b) Domestic violence offence
c) Minor assault
d) Robbery
A- minor traffic crash
You see an offender stab another person in the chest and flee. You give chase but the offender gets into a car and drives away.
You see the same offender two days later and arrest him. The arrest was made pursuant to Section 99(1)(b) of LEPRA because
of the nature and seriousness of the offence
By virtue of LEPRA, a police officer may stop, search and detain any person reasonably suspected of possessing or having under their control anything used or intended to be used in or in connection with the commission of-
Relevant offence
Police can seize or touch a person to effect an arrest. What are the other two ways to make an arrest?
Submission of the suspect and
words or conduct of the police officer
You attend a store in relation to a person held for shoplifting. On arrival you recognise the offender and that she hides stolen items in hidden jacket pockets. After the loss prevention officer gives her account, you search the offender and locate the missing items. While you are preparing to conduct an interview with the offender she turns to the loss prevention officer and says, “As soon as the cops let me go, I’m coming back to smash you!” You immediately arrest the offender to
to protect the safety or welfare of any person
What are the three ways to make an arrest?
Seizure or touching, submission, words or conduct of the police officer.
When making a decision to arrest an offender or not, a police officer must have regard to certain matters including
preventing the harassment of, or interference with, any person who may give evidence in relation to the offence
Are you required to comply with the safeguards pursuant to Part 15 of LEPRA when conducting a knife search of a student at the student’s school?
Yes, you must always comply with the safeguards
A police officer may lawfully enter and be upon private premises without the consent of the lawful occupier
in order to end a breach of the peace that is occurring
LEPRA provides police with the power to stop, search and detain any person reasonably suspected of having in his or her possession or under his or her control a dangerous article that is being or was used in or in connection with the commission of a relevant offence. This power applies
in a public place
In accordance with Part 7, Section 88 Law Enforcement (Powers and Responsibilities)
Act (NSW) 2002 a police officer who is lawfully on premises (whether by authority of a crime scene warrant or for any other lawful reason may?
Establish a crime scene, and exercise crime scene powers in accordance with this Part, and stay on the premises for those purposes.
Police are called to a report of a male smashing the Bradbury’s Cafe window in Rossiville. On arrival, police recognise the offender, who is yelling abuse and threatening to smash other property.
Police speak to the male who is compliant, but says, “As soon as you leave I am going to smash this place up.” The male is known to police with no previous failures to
Which one of the following provides a justification for arrest in this scenario?
To prevent further offences from occurring.
You arrive at a serious crash and consider whether you should establish a crime scene. Under s 90 of LEPRA, what criteria must you satisfy before doing so?
a)The accident resulted in the death of, or serious injury to, a person.
b) An offence connected to the traffic accident is being, was, or may have been committed at the scene.
c) It is reasonably necessary to establish a crime scene to
preserve, or search for and gather evidence of the offence.
d) ALL OF THE ABOVE CRITERIA
How does Section 99 (1) (b) Law
Enforcement (Powers and Responsibilities)
Act 2002 (NSW) impact on where you conduct an interview?
If a Section 99 (1) (b) reason does not exist the suspect cannot be lawfully arrested and as such it may be appropriate to conduct a field notebook interview
While on patrol you see the driver of a motor vehicle commit a minor traffic offence. You stop the vehicle and speak to the driver. He refuses to give you his full name and address, or produce his licence.
Your power to arrest without warrant is found in the
Law Enforcement (Powers and
Responsibilities) Act 2002
While on patrol you see the driver of a motor vehicle commit a minor traffic offence. You stop the vehicle and speak to the driver. He refuses to give you his full name and address, or produce his licence.
Your power to arrest without warrant is found in the
Law Enforcement (Powers and
Responsibilities) Act 2002
A motor vehicle is observed by police to make a right hand turn through an intersection without indicating. Police cause the vehicle to stop and speak to the offending driver.
What legislation authorises the police to require the driver to produce their driver’s licence and to state their name and their address?
Section 175 Road Transport Act
2013 (NSW)
You and a number of other police are lawfully on premises for the purpose of establishing a crime scene. When informing the lawful occupier that a crime scene is being established, how many police officers must comply with the safeguards pursuant to Part 15 of LEPRA?
Only one officer, however, all other officers must provide their name and place of duty if requested to do so.
The safeguards set out in Part 15 of LEPRA must be applied
any time you exercise a power referred to in Section 201 of
LEPRA
What is the correct wording of the warning that police issue when necessary under Section 203 of the Law Enforcement (Powers and Responsibilities) Act 2002?
You are required by law to comply.
The driver of a motor vehicle is stopped for exceeding the speed limit.
When spoken to by police, the driver refuses to give his full name and address or produce his licence. Your power to arrest the driver comes from
Section 99 of LEPRA
When making the decision to arrest an offender or not, a police officer must have regard to certain matters. These matters include the
continuation or repetition of the offence
19 Section 35 (3) of the Coroners Act 2009 requires that police must report to the coroner, as soon as possible, a death or suspected death if the death is ‘reportable, meaning that it has occurred in one of five specific circumstances. Which of the following is one of those circumstances?
The person died while in or temporarily absent from a declared mental health
facility while they were a patient receiving care, treatment, or assistance at
the facility
Section 6 of the Coroners Act 2009 provides the meaning of a reportable death. Which of the following would be a reportable death as defined in section 6?
A 60-year-old female mental health patient, who is being treated as an inpatient at a declared mental health facility, is given day leave to attend a medical appointment to seek treatment for a chronic heart condition. On her way to the appointment, she appears to suffer a heart attack and dies
Which of the following is NOT a justification for police to use their handcuffs?
They are resisting arrest
Sections 230 and 231 of LEPRA 2002, provide for the use of force when police are exercising a function or making an arrest. What is excessive force?
More force than is needed
The driver of a motor vehicle is stopped for exceeding the speed limit.
When spoken to by police, the driver refuses to give his full name and address or produce his licence. Your power to arrest the driver comes from
Section 99 of LEPRA
Section 206(1) of LEPRA enables police to detain an intoxicated person found in a public place in certain circumstances. Of the following, which is one of those circumstances?
Behaving in a disorderly manner.
Which of the following is an example of the systems that the
NSW Police Force has in place to manage the risk of opportunities for corruption?
a) Code of Conduct and Ethics (CCE)
b) Command Management Framework (CMF)- correct
c) Internal Witness Support (IWS)
d) Guidelines for Ethical Conduct (GEC)
While shopping, you see a man take several grocery items off a shelf, conceal them in his clothing and flee the supermarket. You immediately arrest the man. Pursuant to s 99(1)(b) of LEPRA, your reason/s for doing so may include
A) establishing the man’s identity
b) to obtain property in the possession of the man that is connected with the offence
c) to stop the man fleeing from the location of the offence
d) Any or all of the above (correct)
When applying the safeguards under section 202 of the Law Enforcement (Powers and Responsibilities) Act 2002, which of the following is NOT information that a police officer must provide?
The registered number of the police officer.
Section 99(1)(b) of LEPRA provides that a police officer must not arrest a person unless the police officer suspects on reasonable grounds that it is necessary to arrest the person to achieve one or more purposes. Of the following, which is one of those purposes?
to ensure that the person appears before a court in relation to the offence
Police stop a motor vehicle and establish a reasonable suspicion that it contains prohibited drugs.
Under what section of the Law
Enforcement (Powers and Responsibilities)
Act 2002 (NSW) are police lawfully entitled to search the motor vehicle?
Section 36
Section 99(1)(b) of LEPRA provides that a police officer may, without a warrant, arrest a person if reasonably necessary for which of the following reasons?
To protect the safety or welfare of any person (including the person arrested)
What specific groups in our society would be considered vulnerable?
a) Aboriginal & Torres Strait Islander
b) All three answers (correct)
c) Mentally Ill, Transgender, Intellectually disabled
d) Young, Old, Homeless
What is the definition of vulnerability?
a) Defenceless in facing potential risks
b) All three answers (correct)
C) Open to attack or damage: assailable
d) Capable of being physically or emotionally wounded
Sir Robert Peel’s ninth principle states:
“The test of police efficiency is the absence of crime and disorder, not the visible evidence of police action in dealing with them.”
How is this principle best summarised?
Policing outcomes are being met when crime and disorder decreases
Which of the following qualities or behaviours are displayed by an active listener?
They are attuned to the speaker’s change of tone, delivery rate and inflection
Which of the following best describes the meaning of culture?
A pattern of shared beliefs and value systems that influence thought and behaviour
Law Enforcement (Powers and Responsibilities) Act 2002 makes provision for the legal obligation towards vulnerable people when in police custody, what section supports this?
Section 112
What NSW Police Force document provides clear, practical guidance for the conduct expected of all New South Wales Police Force employees and supports the Statement of Values and the Oath and Affirmation of Office?
Code of Conduct and Ethics
Which of the following is an example of the systems that the
NSW Police Force has in place to manage the risk of opportunities for corruption?
a) Guidelines for Ethical Conduct (GEC)
b) Internal Witness Support (IWS)
c) Guidelines for Receipt of Gifts and Benefits (correct)
d) Code of Conduct and Ethics (CCE)
Which of the following is an example of legislation?
a) Charter of Rights of Victims of Crime
b) Police Regulation 2015 (NSW) (correct)
c) Code of Conduct and Ethics
d) Statement of Values
When a death is reported to Police, investigations should commence immediately to ascertain the Senior Next of Kin (SNOK) of the deceased. Which of the following is a SNOK?
The deceased person’s spouse
When a death is reported to Police, investigations should commence immediately to ascertain the Senior Next of Kin (SNOK) of the deceased as defined in the Coroners Act 2009. Which of the following is NOT a SNOK?
If the deceased person did not have a spouse or a spouse is not available - the deceased person’s usual treating doctor
Section 6 of the Coroners Act 2009 provides the meaning of a reportable death. Which of the following would be a reportable death as defined in section 6?
An elderly man, who is being treated for a chronic heart condition, dies in his home after appearing to have fallen and struck his head on the floor. His regular treating doctor issues a certificate verifying that the man is deceased
When dealing with a difficult customer, there are a number of key actions that police should take. Which of the following is one of those key actions?
Tell the customer when no further action can be taken and why.
As a police officer, when you take into account relevant facts, base your decision on rationality and act in good faith, what are you applying?
Discretion
Which of the following is an example of process corruption?
A police officer unlawfully records a conversation with a suspect to gain evidence
that will impress their supervisor
Which of the following sections can be found in a form of legislation known as an act, e.g. Law Enforcement (Powers and Responsibilities) Act 2002 (LEPRA)?
Definitions
Section 5 of the Victims Rights and Support Act 2013 defines a victim. How is that definition best summarised?
A person is a victim if they suffer physical, mental, or emotional harm or their
property is stolen or damaged due to a criminal act committed
What is one of the criteria that should be satisfied when determining whether police should report fires or explosions to the NSW Coroner?
Where there is a KNOWN suspect
The Police Act 1990 provides police officers protection from personal liability for injury or damage to others arising from the exercise of their duties, provided that the police officer has acted in what way?
The member has acted in good faith
What guideline does the NSW Police Force Handbook provide concerning the investigation of deaths, by probationary constables?
d) They are not permitted to investigate a death as the officer in charge; their role
According to LEPRA 2002, of the following, who would NOT be a legally vulnerable person?
a) A 90-year-old male arrested for a serious assault (correct)
b) An intoxicated 26-year-old female, who does not speak English, accused of assault
c) A 35-year-old, hearing impaired transgender woman arrested for stealing
d) A 19-year-old aboriginal male arrested for a property damage offence
According to the NSW Police Force Handbook, what is a probationary constable permitted to do when investigating a death?
Assist the office in charge
Section 35 (3) of the Coroners Act 2009 requires that police must report to the coroner, as soon as possible, a death or suspected death if the death is ‘reportable’, meaning that it has occurred in one of five specific circumstances. Which of the following is one of those circumstances?
The person died while in or temporarily absent from a declared mental health
facility while they were a patient receiving care, treatment, or assistance at
the facility
What is a perceived conflict of interest?
Where others could see that your private interests could improperly interfere with
or influence you in the performance of your official duties or responsibilities,
whether this is, in fact, the case
What NSW Police Force policy outlines the nine minimum standards of care for victims of crime?
Victims of Crime Guidelines
When dealing with a difficult customer, there are a number of key actions that police should take. Which of the following is one of those key actions?
Tell the customer when no further action can be taken and why
Under Section 202 Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), a police officer in uniform is required to provide the person subject to the exercise of a power which of the following details?
Name, place of duty and inform of the reason for exercising the power.
What does Section 177 Road Transport Act 2013 (NSW) allow police to do
to ensure that the person appears before a court in relation to the offence
Section 99(1)(b) of LEPRA provides that a police officer must not arrest a person unless the police officer suspects on reasonable grounds that it is necessary to arrest the person to achieve one or more purposes.
Of the following, which is one of those purposes?
to ensure that the person appears before a court in relation to the offence
When police arrest a person pursuant to Section 99(1)(a) and (1)(b) Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), what other legislation must be complied with at this time?
Section 202 Law Enforcement (Powers and
Responsibilities) Act 2002 (NSW)
When exercising multiple powers to which the safeguards under Part 15 of LEPRA apply, on a single occasion and in relation to the same person, you are required to provide your name and place of duty and, if not in uniform, evidence that you are a police officer:
only once to that person on that occasion
You see Yaser Karimi whom you know assaulted a police officer 6 months previously. You know he was never arrested for this offence but that a warrant has been issued for his arrest. As a police officer you may arrest by virute of:
Section 101 of Lepra
In accordance with Part 7, Section 88 Law Enforcement (Powers and Responsibilities)
Act (NSW) 2002 a police officer who is lawfully on premises (whether by authority of a crime scene warrant or for any other lawful reason) may?
Establish a crime scene, and exercise crime scene powers in accordance with this Part, and stay on the premises for those purposes.
When police arrest a person pursuant to Section 99(1)(a) and (1)(b) Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), what other legislation must be complied with at this time?
Section 202 Law Enforcement (Powers and
Responsibilities) Act 2002 (NSW)
Section 3 of the Summary Offences Act (NSW) is a
Definitions section
Schedule 3, Section 3(1) of the Road Transport Act 2013 (NSW) is a
Powers section
An indictable offence that is not listed in Table 2 or Table 1 of Schedule 1 of the Criminal Procedures Act 1985 (NSW) is a:
(Note: This exact question will be asked in many of your assessments over the next two years, it is usually a very poorly answered question)
Strictly indictable offence
If a person committed a section 195 Crimes Act 1900 (NSW) offence where the damage exceeded $5000 what procedural pathway would that offence fall into?
Table 1
Section 139 of the Evidence Act 1995 (NSW) is a
Procedural section
When exercising multiple powers to which the safeguards under Part 15 of LEPRA apply, on a single occasion and in relation to the same person, you are required to provide your name and place of duty and, if not in uniform, evidence that you are a police officer:
only once to that person on that occasion
Section 59 of the Crimes Act 1900 (NSW) is a
Offence creating section
Criminal liability relate to offences where police are not required to prove the mens rea
False
Criminal liability refers to a person’s legal responsibility for a criminal act
True
Section 66 of the Evidence Act 1995 (NSW) allows police to provide hearsay evidence to the court about what a witness told them. This can relate to:
Identity of a person, place, or thing.
The Hearsay Rule prohibits any person from giving what type of evidence in a criminal court hearing:
Hearsay evidence
Hearsay evidence is permitted to be provided in Coroners Court
True
Police speak to a male about the recent theft of a watch from a jewellery store. The officers suspect on reasonable grounds that the male is in possession of the watch and want to conduct a lawful search.
Under the Law Enforcement (Powers and Responsibilities) Act 2002
(NSW), what is the correct search power?
Section 21
NSWPF use the PEACE Model of Investigative Interviewing, which is an accusatory, combative style of questioning
False
Within the Account stage of PEACE there are two different methods that may be used depending upon the willingness of the interviewee. Select the correct two
Police agenda
Conversation management
How is stereotyping best defined?
A preconceived notion, especially about a group of people that may be negative,
neutral, or positive
