Session 1 - Modules 1-9 Flashcards
This Deck covers all important content for the exams from modules 1-9 during session one of the ADPP.
What are the responsibilities of first responders to a crime scene?
- Assess hazards, including officer safety
- Check for signs of life & render first aid
- Determine the nature & size
- Call a supervisor
- Remove all people from the crime scene
- Call investigators
- Define boundaries
- Protect evidence
- Record a log in your notebook
What situations are hearsay evidence deemed admissible?
- Hearsay for non-hearsay purpose
- First hand hearsay, Maker unavailable
- Business records
- Tages & Labels
- Phone records
- Admissions
- Identity of a person, place or thing
What is the standard of proof for civil cases?
- Balance of probabilities
- Burden of proof is on the plaintiff
What are the three types of indictable offences?
- Minor indictable (2 - under 5 years)
- Serious indictable (over 5 years)
- Strictly indictable
What does ADVOKAT stand for?
A = Amount of time under observation D = Distance from the incident / person when observing V = Visibility O = Obstruction to line of sight K = Known or seen before A = Any reason to notice T = Time since
How would you explain the endorsement?
- It is a legal requirement
- The statement must be true
- The statement can be used as evidence in court
- If you lie you are liable to prosecution
What are the two interviewing techniques?
- Cognitive interviewing (Willing / co-operative participants)
- Conversation management (Unwilling / uncooperative participants)
Name the three actions police should use when dealing with a person suffering a mental illness?
- Use effective communication skills
- Maintain the person’s rights & dignity
- Apply the least restrictive action possible
What is the standard of proof for criminal offences?
- Beyond reasonable doubt
- Burden of proof is on the prosecutor
What are the three types of evidence?
- Original = Oral testimony of a witness, victim or police officer
- Real = Physical evidence eg. knife, phone
- Documentary = Hard copy, electronic & audio recordings
What is hearsay?
Hearsay is when their knowledge of the information comes from another person or another source & is therefore second hand & less reliable than information the person who actually received it first hand can give.
Why do police create intelligence reports?
Preventing, detecting & solving crime.
What information should be included in the description section of a ticket?
- Direction and speed of travel
- Details of what they did specific to the offence
- Where you stopped them
- What they said
- Traffic, road, whether & environment conditions
- Diagram of the vehicle & occupants
What should be included in the section 22 form?
(SSPR)
S - The STORY - Include history
S - What they SAID - Use quotes
P - What PART of the S22 form you used to detain them
R - The RISK
How do you cancel a fixed penalty notice?
(CCSSR)
C - Endorse all parts with CANCELLED
C - CROSS REFERENCE to any new FPN you issue
S - SIGN the cancelled notice & write your name, rank, station & date
S - Have the cancelled FPN signed by your SUPERVISOR
R - Include the REASON & action taken
What are three examples of unreliable evidence?
- Hearsay evidence
- Visual identification evidence
- Opinion evidence
Under the Road Transport Act 2013, what section defines a road & road related areas?
Section 4
When taking identification particulars from persons in custody, what section of LEPRA supports this?
Section 133
What section of the Evidence Act is regarding Lay opinion.
Section 78 of the Evidence Act (NSW) 1995
What section of the Evidence Act is regarding expert opinion?
Section 79 of the Evidence Act (NSW) 1995
What is the relevant legislation you use when dealing with noise complaints?
Protection of the Environment Operations Act 1997 (NSW)
What sections are contained in an Act?
Definitions, Offence creating, Powers & Procedural
What is the minimum acceptable standard for property damage?
Temporary functional derangement
Where does your power for use of force (generally) come from?
Section 230 of LEPRA
What is Locard’s theory of transference?
Every contact leaves a trace
Explain transfer of malice…
- When the guilty mind (mens rea) intent gets transferred from one person / object to another.
(Same offence to same offence)
list examples of a road related area.
- An area that divides a road
- A footpath or nature strip adjacent to a road
- An area that is open to the public & is designed for use by cyclists or animals
- A shoulder of a road
Part A, B, C of a penalty notice
A = Away - Forward to infringement bureau B = Book - Remains in fixed penalty notice book C = Client - Issue copy to the client
Who are the key stakeholders involved in road safety?
- RMS
- Police
- NRMA
- Local council
- NSW Health
Upon arrest, where does your power for use of force come from?
LEPRA, section 231
What are the five E’s of road safety management?
- Education
- Engineering
- Encouragement
- Enforcement
- Evaluation
What is strict liability?
- Needs only acts reus
- Don’t needs to show intent
How many penalty notices can you issue at any one time & two exceptions?
- Four penalty notice at one time
- Count unregistered & uninsured as one
- Not produce licence is not counted in the total
What legislation deals with minors in possession of alcohol.
- Summary Offences Act
- Section 11
What are the elements of traffic offences?
- Drivers/riders
- Motor vehicle
- Road/road related area
- Elements of the specific offences
What does STOPAR stand for?
S = Stop T = Think O = Observe P = Plan A - Act R = Review
What is the statute of limitations for summary offences, indictable offences & graffiti offences?
- Summary offences = 6 months
- Indictable offences = No limit
Graffiti offences = 2 years
What does prima facie mean?
You have all the elements of the offence covered by evidence.
What is actus reus & mens rea?
- Actus reus = guilty act
- Mens rea = guilty mind
What is temporal coincidence?
When actus reus & mens rea are present at the same time.
What is the definition of custody?
To be in the care & control of police at a police station or another place of detention.
What are the three ways to effect an arrest?
- Seizure or touching
- Submission
- Words or conduct
What are the two types of admissible opinion evidence?
- Lay opinion - Section 78, Evidence Act (eg - testifying to a persons age or size)
- Expert opinion - Section 79, Evidence Act (eg - doctor testifying to someones injuries)
What does Doli incapax mean?
Arebuttable presumption at common law that a child from 10-14 years of age cannot possess the necessary knowledge to have the mens rea for a crime.
(Prosecution must prove they do have mens rea)
Why do police investigate?
To search for the truth
Why do police interview?
To gather information
A magistrate can extend the time a graffiti offender can have their L or P plates for how long?
6 months
Police must report misconduct, what policy supports this?
Code of conduct & ethics - point 10
Keeping the peace is a common law concept. Where in legislation would this function be codified?
Police Act 1990 (NSW), Section 6
What are the four types of defect notices?
- Warning (No label)
- Minor defects (May attach yellow label)
- Major defects (Yellow)
- Major defects grounded (red)
Four core skills of interviewing
- Planning & preparation
- Active listening
- Rapport building
- Questioning
What section of the Police Act protects you from civil liability?
Section 213
- As long as you are doing the best you can, acting in good faith, and not being negligent.
What are the options for drivers to dispose of a ticket?
- Pay
- Nominate another driver
- Request a review
- Take to court
What does section 22 of the Mental Health Act enable you to do?
- Apprehend the person & take the person to a declared mental health facility.
- It would be beneficial to the person’s welfare
What principle do we use to get reasonable suspicion?
The THIS principle
T - Time
H - History
I - Intelligence
S - Situation
What does SEINS stand for?
S - Self E - Enforcing I - Infringement N - Notice S - Scheme
What does the TEDS principle stand for?
T - Tell me
E - Explain to me
D - Describe to me
S - Show me
What are the elements for graffiti offences?
- The accused
- Intentionally marks any premises or property
- Without consent
- Without a reasonable excuse
What are the circumstances of aggravation for graffiti?
- A person intentionally marks the premises / property
- By means of any graffiti implement
- In such a manner that the mark is not readily removable by wiping or by use of water or detergent
What is a graffiti implement?
- Spray paint
- Marker pen
- Any implement designed or modified to produce a mark that is not readily removable by wiping or by use of water or detergent
What are the four elements of property damage?
- The accused
- Intentionally or recklessly
- Destroyed or damaged property
- Property belonging to another or to the accused & another
What powers relate to LEPRA part 15 Safeguards?
- Power to Stop, search or arrest
- Power to stop, search vehicle, vessel or aircraft
- Power to enter, search premises
- Power to seize property
- Power to require disclosure of ID (Including face cover)
- Power to give or make a direction, requirement or tell a person they are required to comply with by law.
- Power to establish a crime scene at premises that is not a public place
What powers do not relate to LEPRA Part 15 Safeguards?
- Power to enter or search a public place
- Power conferred by a covert search warrant
- Power to detain an intoxicated person under part 16
Explain I.P.E Section 202 of LEPRA…
I = Inform - the reason for exercising the power
P = Provide - your name & place of duty
E = Evidence - that you’re a police officer (unless in uniform)
What else must you do/consider when using I.P.E?
- Must comply with this section as soon as possible
- Can be given to a group not each individual
- Only one officer must I.P.E
- If asker, an officer must give, name & place of duty
- If an officer is using more than one power they only need to I.P.E once for that person
Explain section 11 of LEPRA…
Identity may be required to be disclosed for the following
- If unknown to the officer & may assist in the investigation of an alleged indictable offence.
- If the officer is going to give a direction according with part 14 - person to leave a place.
LEPRA section 3 interpretations, a public place includes?
a) A place (whether or not covered by water), or part of premises, that is open to the public or is used by the public, whether or not on payment of money or other consideration, whether or not the place or part is ordinarily so open or used & whether or not the public to whom it is open consists only of a limited class of persons, &
b) a road or road related area, but does not include a school.
Explain LEPRA Section 9?
power to enter in emergencies
- May enter if the police officer reasonably suspects
a) To prevent or end a breach of the peace
b) Prevent or help someone with significant injury or in imminent danger of significant injury.
c) Body of someone who has died
1a) Before entering re dead body, get approval from inspector
2) Stay only as long as reasonably necessary
Explain LEPRA Section 19A…
Power to require removal of face coverings for identification purposes.
Under LEPRA Section 95, what are some crime scene powers?
- Direct a person to leave the crime scene
- Direct removal of a vehicle, vessel or aircraft
- Direct a person not to enter a crime scene
- Prevent a person from entering the crime scene
- Remove or cause to be removed an obstruction from the crime scene
- Open anything at the crime scene that is locked
- Photograph or otherwise record the crime scene & anything in it
Explain LEPRA Section 88…
Crime scene powers may be exercised if police officers are lawfully on premises.
Explain LEPRA Section 90…
When crime scene may be established
Officer suspects on reasonable grounds
- Traffic accident resulting in death or serious injury
- Serious indictable offence is being, was or may have been committed
- Preserve evidence of serious indictable offence committed somewhere else
- Crime scene warrant
