Session One Law Policy Flashcards

Question

What are the requirements of a driver under Road Rules 2014 (NSW), Rule 287

Answer 1

* Drivers must stop and supply their details (required particulars) both to police and anyone else involved in the crash (that is, name, address and vehicle identification detail), * They must supply police with an explanation (when asked) of the circumstances of the crash.

Answer 2

* Date, place, time of the crash – TOC * Time of arrival at crash – TOA

Answer 3

(a) consume liquor on licensed premises, or (b) consume liquor on the premises of an unlicensed restaurant unless the minor consumes the liquor in the company of, and with the permission of, his or her parent or guardian, or (c) obtain, or attempt to obtain, liquor for consumption on licensed premises, or (d) carry liquor away, or attempt to carry liquor away, from licensed premises unless the minor was ordered or requested by another person to carry the liquor away from the licensed premises.

Answer 4

(a) anything made or adapted for use for causing injury to a person, or (b) anything intended, by the person having custody of the thing, to be used to injure or menace a person or damage property.

Answer 5

* Beyond a reasonable doubt * Burden of proof is on the prosecutor Evidence Act

Answer 6

* Defendant copy (yellow) of FCAN to defendant * Blue copy is retained in book * Service copy (white) of FCAN to the court

Answer 7

Indictable Is it minor/serious/strictly indictable? Serious (\>5 years) Is it table 1 or 2? Depends on the damage ($5000 = table 1)

Answer 8

(a) the person has in his or her possession or under his or her control anything **stolen or otherwise unlawfully obtained**, (b) the person has in his or her possession or under his or her control anything used or intended to be used in or in **connection with the commission of a relevant offence,** (c) the person has in his or her possession or under his or her control in a public place a **dangerous article** that is being or was used in or in connection with the **commission of a relevant offence,** (d) the person has in his or her possession or under his or her control, in contravention of the Drug Misuse and Trafficking Act 1985, a **prohibited plant or a prohibited drug.**

Answer 9

Gaming and Liquor Administration Act 2007 (NSW), Section 24 24 Power to enter premises (1) An inspector or police officer may enter any premises at any time for the purposes referred to in section 18.. (a) hotel licence, (b) club licence, (b1) small bar licence, (c) on-premises licence, (d) packaged liquor licence, (e) producer/wholesaler licence, (f) limited licence, (g) any other type of licence that is prescribed by the regulations.

Answer 10

What are the service options of FSCAN for indictable offences? ## Footnote Indictable offences only: * In person * To another person over the age of 16 years at the residential or business address of the accused * To a correctional centre.

Answer 11

**Warnings** * On the street * Given for Summary offences that DO NOT involve violence. * **Admissions DO NOT need to be made**. * The entitlement for a warning is determined by the Investigating Officer. * A Warning is given by the Investigating Officer. * Details of young person taken and entered into COPS. **Cautions** * A Caution is given when a Warning is not appropriate, for summary or indictable matters that can be dealt with summarily. The young person MUST consent to a Caution. The young person **MUST** admit the offence in the presence of; * a person responsible for the child, or * an adult (other than an investigating official) who is present with the consent of a person responsible for the child, or * if the child is **14** years or over, an adult chosen by the child, or * an Australian legal practitioner chosen by the child. * Three cautions for the same offence (depending on the severity) YLO advice. * They have admitted it-you still have to have covered the elements of the offence. * Must be done no less than 10 days no more than 21 days **Youth Justice Conference** (There must be a victim)

Answer 12

Caution someone once you: * arrest them, or * believe there is sufficient evidence to establish they have committed the offence which is the subject of the questioning, or * would not allow them to leave if they wanted to, or * have given them reasonable grounds to believe they would not be allowed to leave if they wanted.

Answer 13

**_[*Drug Misuse and Trafficking Act 1985* (NSW), Section 3](https://www.legislation.nsw.gov.au/view/html/inforce/current/act-1985-226#sec.3)_** **3 Definitions** ***prohibited drug*** means any substance, other than a prohibited plant, specified in Schedule 1.

Answer 14

**Psychoactive Substances** are listed in **_Schedule 9**_ of the _**Poisons Standard (February 2021)_**

Answer 15

1. the **accused** 2. used **offensive language** 3. in or near, or within hearing from, a public place or a school

Answer 16

1. Was any person killed or injured? 2. Did any of the drivers leave the scene without providing their details (in accordance with *Road Rules 2014* (NSW), Rule 287)? 3. Was any driver involved under the influence of alcohol or other drugs?

Answer 17

Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), Section 36(1)(e) 36(1)(e) Power to search vehicles and seize things without warrant (1) A police officer may, without a warrant, stop, search and detain a vehicle if the police officer **_suspects_** on **_reasonable grounds_** that any of the following circumstances exists— (a) the vehicle contains, or a person in the vehicle has in his or her possession or under his or her control, anything **_stolen_** or otherwise **_unlawfully obtained_**, (b) the vehicle is being, or was, or may have been, used in or in connection with the **_commission of a relevant offence,_** (c) the vehicle contains anything used or intended to be used in or in connection with the commission of a relevant offence, (d) the vehicle is in a **_public place or school_** and contains a dangerous article that is being, or was, or may have been, used in or in connection with the commission of a relevant offence, (e) the vehicle contains, or a **_person**_ in the vehicle has in his or her possession or under his or her control, a _**prohibited plant**_ or _**prohibited drug_** in contravention of the Drug Misuse and Trafficking Act 1985, (f) circumstances exist on or in the vicinity of a public place or school that are likely to give rise to a serious risk to public safety and that the exercise of the powers may lessen the risk.

Answer 18

Foreseeable Not insignificant In the circumstances, a reasonable person in that person’s position would have taken those precautions

Answer 19

* Towing Authority Book (soft-cover booklet so described which has to be signed by the person responsible for a towed vehicle) * Towing Schedule (soft-cover booklet that sets out the details of the tow truck & company) * Drivers Licence for that class of truck ( eg “LR” or “MR”) * Tow Truck Driver’s Certificate ( similar in appearance to a drivers licence & has the name, photo & other details of the tow truck driver – and it should be worn by ANY person in or working around & with the tow truck)

Answer 20

Blue: To the driver to give to RMS on clearance Yellow: To the driver Pink: To RMS from police Green: Stays with police White: Stay in the book

Answer 21

Elements: * the accused * conducted him/herself in an Offensive manner * in or near, or within view or hearing from a public place or a school

Answer 22

**LEPRA 118 Detention warrant to extend investigation period** (3) The authorised officer may issue a warrant that extends the maximum investigation period by up to 6 hours. (4) The maximum investigation period **cannot be extended more than once.**

Answer 23

4 What are the exceptions? Unregistered/uninsured count as 1, and not produce licence does not count at all

Answer 24

Elements: 1. the **accused** 2. conducted him/herself in an **offensive manner** 3. in or near, or within view or hearing from a **public place** or a **school** A person does not conduct himself or herself in an offensive manner as referred to in subsection (1) merely by using **offensive language.**

Answer 25

Poisons and Therapeutic Goods Act 1966 (NSW), Section 43B

Answer 26

* Aboriginal Strategic Direction 2018-2020 * Aboriginal Employment Strategy

Answer 27

If you find a person who appears to be mentally ill or mentally disturbed, you may apprehend the person and take the person to a declared mental health facility if you believe on reasonable grounds that: (a) the person is committing or has recently committed an offence or that the person has recently attempted to kill himself or herself or that it is probable that the person will attempt to kill himself or herself or any other person or attempt to cause serious physical harm to himself or herself or any other person, and (b) it would be beneficial to the person's welfare to be dealt with in accordance with this Act, rather than otherwise in accordance with law.

Answer 28

T - Time H - History I - Intelligence S - Situation

Answer 29

(a) a beverage which, at 20° Celsius, contains more than 1.15% ethanol by volume, or (b) any thing that is not a beverage referred to in paragraph (a) but, for the purposes of sale, is held out to be beer or spirits, or (c) any other substance prescribed by the regulations as liquor.

Answer 30

"Possession is a deceptively simple concept. It denotes a p**hysical control or custody** of a thing plus **knowledge that you have it in your custody or control.** You may **possess a thing without knowing or comprehending its nature**: but you do not possess it unless you know you have it."

Answer 31

Warn them When taking necessary action to cause noise to cease, police may seize or secure any equipment that is being used in contravention of a noise abatement direction, provided that a warning to do so is given to any persons in charge of the equipment

Answer 32

_Doing something that a reasonable and prudent person would not do OR Not doing something that a reasonable or prudent person would do._ Examples: * Driving too fast when vision affected, eg; sun, rain, fog, headlights, snow, dust. * Driving whilst fatigued * Not having proper lookout * Driving a motor vehicle knowing it to be unsafe

Answer 33

Poisons and Therapeutic Goods Act 1966 (NSW), Section 43B

Answer 34

* Prima Facie * Sufficiency test * Public interest

Answer 35

* Sanctioned by law Sufficient act of arrest * Safeguards in place

Answer 36

* Sow/scatter the seed produced by the plant or, * Plant, grow, tend, nurture or, * Harvest the plant.

Answer 37

List the criteria to detain an Intoxicated Person Section 206 LEPRA ## Footnote A police officer may detain an intoxicated person found in a public place who is— (a) behaving in a disorderly manner or in a manner likely to cause injury to the person or another person or damage to property, or (b) in need of physical protection because the person is intoxicated.

Answer 38

P – Policy and Procedure O – Officer and Public Safety L – Legislation I – Investigation C – Customer Service E – Ethical Decision Making

Answer 39

9 Power to enter in emergencies (1) A police officer may enter premises if the police officer believes on reasonable grounds that— (a) a **breach of the peace** is being or is likely to be committed and it is necessary to enter the premises immediately to **end or prevent the breach of peace**, or (b) a person has **suffered significant physical injury** or there is **imminent danger** of significant physical injury to a person and it is necessary to enter the premises immediately to **prevent further significant physical injury** or significant physical injury to a person. (c) the **body of a person who has died**, otherwise than as a result of an offence, is on the premises and there is no occupier on the premises to consent to the entry

Answer 40

* The **_smell of intoxicating liquor_** on the breath * Colour of the **_face_** – sallow pallor, flushed, etc. **_•Skin_** - needle marks, sweating, etc. **_•Clothing_** – dishevelled, etc. **_•Attitude_** – talkative, indifferent, etc. •Actions **_•Eyes_** – bloodshot, watery, etc. **_•Speech_** – slurred, fast, incoherent, etc. **_•Balance_** – unsteady on feet, falling, etc., observe this when you ask them to stand in a safe place, remove them from a vehicle or whilst trying to take a version. Again, we do not direct them to walk a line, touch noses etc. **_•Movements_** – need for support, etc.

Answer 41

* a fatal collision warrants action other than a FPN * the offence is not included in the Fixed Penalty Handbook * it is an injury collision or involves a negative blood test and you cannot complete inquiries within three calendar months * other cases when you cannot complete inquiries within one calendar month * driver’s under 16 years of age * the actions of a driver/rider (non-collision) are brought to your notice * the driver of an ambulance or fire vehicle on urgent duty commits an offence * the offender is a police officer on duty.

Answer 42

Common Law Statute Law

Answer 43

A latin term, loosely translates to “on the face of it”, or “case to answer”. It means that you have all the elements of the offence covered by evidence.

Answer 44

False. It was decriminalised in 1984.

Answer 45

1. Stimulants 2. Depressants 3. Hallucinogens

Answer 46

* **Supply reduction** strategies to disrupt or reduce the production and supply of illegal drugs; and control, manage and/or regulate the availability of legal drugs; * **Demand reduction** strategies to prevent or delay the uptake of alcohol, tobacco and other drug use; reduce substance misuse and support people to recover from dependence and reintegrate with the community; and * **Harm reduction** strategies to reduce the adverse health, social and economic consequences of the use of alcohol, tobacco and other drugs**.**

Answer 47

Education Engineering Encouragement Enforcement Evaluation The most commonly used for police is enforcement The least commonly used for police is encouragement

Answer 48

* Proximate causes: immediately precede criminal behaviour * Distal causes: are much more remote, for example, economic stress in childhood

Answer 49

Reasonable excuse for the custody of a knife: * (i) **_the lawful pursuit of the person’s occupation, education or training,_** * (ii) the preparation or consumption of food or drink, * (iii) **_participation in a lawful entertainment, recreation or sport,_** * (iv) the exhibition of knives for retail or other trade purposes, * (v) **_an organised exhibition by knife collectors,_** * (vi) **_the wearing of an official uniform_**, * (vii) genuine religious purposes, or (b) the custody is reasonably necessary in all the circumstances during travel to or from or incidental to an activity referred to in paragraph (a),

Answer 50

s133 LEPRA (1) A police officer may take or cause to be taken all particulars that are necessary to identify a person who is in lawful custody for any offence. (2) If the person is over the age of **_14 years_**, the particulars may include the person's photograph, finger-prints and palm-prints.

Answer 51

* The accused, * without reasonable excuse, * had in his or her custody a knife * in a public place or a school.

Answer 52

B) Require the owner to disclose the identity of the driver

Answer 53

(a) children, (b) impaired intellectual functioning, (c) impaired physical functioning, (d) Aboriginal persons or Torres Strait Islanders, (e) non-English speaking background (CALD)

Answer 54

The accused Administered to him/herself or, Attempted to administer A prohibited drug

Answer 55

6 hours A warrant can extend this by up to another 6 hours

Answer 56

No age limit.

Answer 57

* **stimulation or depression of the central nervous system of the person, resulting in hallucinations or a significant disturbance in, or significant change to, motor function, thinking, behaviour, perception, awareness or mood, or** * **causing a state of dependence, including physical or psychological addiction.**

Answer 58

(I) Reason for the exercise of duty (P) Name and place of duty (E) Evidence you are a police officer (unless you are in uniform) Also known as: IPE (inform, provide, evidence)

Answer 59

If you believe that, once an explanation has been given, you need to ascertain more information from Driver 1 in regard to their fault in causing the crash, and then also the applicability of any traffic/driving offence, you must _caution_ the driver before asking any questions, otherwise the driver’s answers will not be admissible as evidence in any possible Court hearing.

Answer 60

A Common Law offence that involves exposure from **private place to private place** and **NOT** visible from a public place

Answer 61

(1)A police officer may discontinue an arrest at any time. ● (2) Without limiting subsection (1), a police officer may discontinue an arrest in any of the following circumstances— (a) if the arrested person is no longer a suspect or the reason for the arrest no longer exists for any other reason, (b) if it is more appropriate to deal with the matter in some other manner, including, for example, by issuing a warning or caution or a penalty notice or court attendance notice or, in the case of a child, dealing with the matter under the Young Offenders Act 1997. (3) A police officer may discontinue an arrest despite any obligation under this Part to take the arrested person before an authorised officer to be dealt with according to law.

Answer 62

* The lawful pursuit of the person’s occupation, education or training. * The preparation or consumption of food or drink. * Participation in a lawful entertainment, recreation or sport. * The exhibition of knives for retail or other trade purposes. * An organised exhibition by knife collectors. * The wearing of an official uniform. * Genuine religious purposes, or The issue of carrying a knife for religious purposes relates to recognised religions. The Sikh kirpan ceremonial dagger is one of the few religious knives allowed.

Answer 63

(a) spray paint, (b) a marker pen, (c) any implement designed or modified to produce a mark that is not readily removable by wiping or by use of water or detergent.

Answer 64

* Offensive language **WORDS ALONE** must be spoken * Offensive conduct can include **words as well as actions** offensive placards – signs- T-shirts etc.

Answer 65

(1) A person must not, without **_reasonable excuse**_ (proof of which lies on the person), have in _**his or her custody a knife in_** a **public place or schoo**l.

Answer 66

* To keep youth out the criminal justice system * To reduce the chances of reoffending

Answer 67

* Police MUST have evidence or reasonable suspicion, the driver was under the influence of a drug other than alcohol. (Schedule 3, Part 4 – Division 2 - 24(8) Road Transport Act 2013 (NSW). * Request for a blood sample to be analysed (via COPS event) for drugs other than alcohol * This request to be forwarded to the Blood Sampling Unit (BSU)

Answer 68

No You cannot issue tickets for: Fatal MVA Offence not listed in fixed penalty handbook Injury collision (negative blood test, can’t complete inquiries in 3mths) Can’t complete 1month Under 16’s are involved Driver actions are brought to your notice Emergency services on urgent duty Police officer on duty

Answer 69

Aboriginal person means a person who: * Is a member of the Aboriginal race of Australia * Identifies as an Aboriginal person * Is accepted by the Aboriginal community as an Aboriginal person

Answer 70

* The accused * Supplied or, * Knowingly takes part in the supply of * A prohibited drug - Indictable drug offence.

Answer 71

(a) obstructing another person or persons or traffic, or (b) **constitutes harassment or intimidation of another person or persons, or** (c) **is causing or likely to cause fear to another person or persons, so long as the relevant conduct would be such as to cause fear to a person of reasonable firmness, or** (d) is for the purpose of unlawfully supplying, or intending to unlawfully supply, or soliciting another person or persons to unlawfully supply, any prohibited drug, or (e) **is for the purpose of obtaining, procuring or purchasing any prohibited drug that it would be unlawful for the person to possess**

Answer 72

The decision to use your baton rests with you. You may use your baton if in danger of being overpowered or to protect yourself or others from injury. The force used must always be reasonable.

Answer 73

* A substance * That is not a prohibited drug * Which for the purpose of being supplied * Is represented (verbally, in writing or by conduct) * As being a prohibited drug – Will be deemed as the prohibited drug it was originally intended to be sold as.

Answer 74

Complete the definition of Liquor Section 4 Liquor Act ## Footnote A beverage which, at **20° Celsius**, contains more than **1.15% ethanol** by volume, or (b) any thing that is not a beverage referred to in paragraph (a) but, for the purposes of sale, is held out to be **beer** or **spirits**, or (c) any other substance prescribed by the **regulations** as liquor.

Answer 75

LEPRA 231 A police officer or other person who exercises a power to arrest another person may use such force as is reasonably necessary to make the arrest or to prevent the escape of the person after arrest

Answer 76

Road Transport Act 2013 Schedule 3 Part 2 Division 2 Section 4 * This is the power to arrest a driver who has indicated a positive result from a roadside standard breath test. * This also applies to the driver who refuses to undergo a breath test or who fails to supply a sufficient sample of their breath.

Answer 77

Needs only actus reus (e.g. traffic)

Answer 78

**[*Summary Offences Act 1988*](https://www.legislation.nsw.gov.au/#/view/act/1988/25/part2/div2/subDiv1/sec11d)[(NSW), Section 11D](https://www.legislation.nsw.gov.au/#/view/act/1988/25/part2/div2/subDiv1/sec11d)(1)** **11D(1) Parents who allow children to carry knives** (1) The parent of a child, being a child: (a) who is under the age of 18 years, and (b) who commits an offence against section 11C, is guilty of an offence if the parent knowingly authorised or permitted the child to commit the offence.

Answer 79

Total weight considered to be weight of the drug, not the actual amount of the active component in the drug.

Answer 80

* Ecstasy * Speed * Ice * Cocaine

Answer 81

Relevant (s.55 evidence act) Reliable (s.165 evidence act) Fair (S.135 evidence act)

Answer 82

* The accused * Had in their possession * An item of equipment for use in the administration of a prohibited drug – Does not include hypodermic needles – \*MUST\* prove it is intended for future use

Answer 83

***[Summary Offences](https://www.legislation.nsw.gov.au/#/view/act/1988/25/part2/div2/subDiv1/sec11f)[Act 1988](https://www.legislation.nsw.gov.au/#/view/act/1988/25/part2/div2/subDiv1/sec11f)* _[(NSW), Section 11F(1)](https://www.legislation.nsw.gov.au/#/view/act/1988/25/part2/div2/subDiv1/sec11f)_** **11F(1) Sale of knives to children** (1) A person who sells a knife to a child under the age of **16 years** is guilty of an offence. It is an offence to sell a knife to anyone under the age of 16 years unless there were good reasons for the retailer to believe that the person was over 16. However, the onus is on the retailer to satisfy themselves as to the age of the person buying the knife, for example, by the production of suitable Identification

Answer 84

(1) A police officer may require a person whose identity is unknown to the officer to disclose his or her identity if the officer suspects on reasonable grounds that the person may be able to assist in the investigation of an alleged **INDICTABLE OFFENCE** because the person was at or near the place where the alleged **indictable** offence occurred, whether **before, when, or soon** after it occurred. (2) A police officer may require a person whose identity is unknown to the officer to disclose his or her identity if the officer **proposes to give a direction** to the person in accordance with Part 14 for the **person to leave a place.** • Note: Safeguards relating to the exercise of power under this section are set out in Part 15.

Answer 85

* Warning (no label) * Minor defects (may attach yellow label) * Major defects (yellow) * Major grounded (red)

Answer 86

The power to require a driver to produce their Australian Drivers Licence, state their name, and state their address

Answer 87

* The ‘Subjective Test’ is taken from the point of view of the victim, offender, or any other person involved in the incident * The ‘Objective Test’, also known as the Reasonable Third Person Test, is about the opinion of a reasonable third person who was not involved in the situation but who may have been a bystander and witnessed the incident.

Answer 88

Police may carry out a breath test when they have reasonable cause to believe that the person; * Is or was the driver of a motor vehicle, or * Is or was occupying the driver's seat of a motor vehicle and attempting to put it in motion, or * Is the holder of a driver's licence and is or was seated next to a learning licence holder who is or was driving a motor vehicle, on a road or road-related area.

Answer 89

* LSD * Magic Mushrooms (Psilocybin) * PCP (Phencyclidine) * Ketamine * Mescaline

Answer 90

Every crash investigation should begin with the question, “Were you the driver of this vehicle, registration number ..., when it was involved in a crash on ... Street/Road at ... time today?”. “Were you the driver...” For the driver to give the particulars over

Answer 91

Temporary functional derangement. This means the thing cannot be used for the function for which is was originally intended for a short time

Answer 92

13 Police officer may require sobriety assessment 14 Arrest following failure to submit to (or pass) sobriety assessment 15 Taking samples following arrest

Answer 93

Summary Offences Act s11

Answer 94

**_Drug Misuse and Trafficking Act 1985 (NSW), Section 36ZG_** **_36ZG Prohibition of advertising of psychoactive substances_** A person is guilty of an offence if the person publishes or displays in any manner, way, medium or form any advertisement— (a) knowing or being reckless as to whether the advertisement promotes, or apparently promotes, directly or indirectly, the consumption, supply or sale of a substance for its psychoactive effects, and (b) providing information on how or where the psychoactive substance may be acquired.

Answer 95

(1) A police officer may, without a warrant, stop, search and detain a person, and anything in the possession of or under the control of the person, if the police officer suspects on reasonable grounds that any of the following circumstances exists— (a) the person has in his or her possession or under his or her control anything **stolen or otherwise unlawfully obtained,** (b) the person has in his or her possession or under his or her control anything **used or intended to be used in or in connection with the commission of a relevant** offence, (c) the person has in his or her possession or under his or her control in a **public place a dangerous article that is being or was used in or in connection with the commission of a relevant** offence, (d) the person has in his or her possession or under his or her control, in contravention of the Drug Misuse and Trafficking Act 1985, a prohibited plant or a prohibited drug. (2) A police officer may seize and detain— (a) all or part of a thing that the police officer suspects on reasonable grounds is **stolen or otherwise unlawfully obtained,** and (b) all or part of a thing that the police officer suspects on reasonable grounds may **provide evidence of the commission of a relevant** offence, and (c) any dangerous article, and (d) any prohibited plant or prohibited drug in the possession or under the control of a person in contravention of the Drug Misuse and Trafficking Act 1985, found as a result of a search under this section.

Answer 96

Stimulants are drugs that stimulate the brain and central nervous system, speeding up communication between the two. They usually increase alertness and physical activity.

Answer 97

Apply for a warrant Where entry is refused to an officer for the purpose of issuing a noise abatement direction or to investigate whether a direction has been contravened, the officer can apply for a warrant to enter premises in order to issue a direction or to take reasonable action to cause any noise to cease

Answer 98

Purpose of entry (1) Powers may be exercised under this Part for the following purposes: (a) for determining whether there has been **compliance** with or a contravention of the gaming and liquor legislation, (b) for obtaining information or records for purposes connected with the **administration of the gaming and liquor legislation,** (c) in connection with exercising the f**unctions of an inspector under the gaming and liquor legislation,** (d) generally for **administering the gaming and liquor legislation and promoting its objects.**

Answer 99

(1) A police officer may give a direction to an intoxicated person who is in a public place to leave the place and not return for a specified period if the police officer believes on reasonable grounds that the person’s behaviour in the place as a result of the intoxication (referred to in this Part as relevant conduct)— ## Footnote **_(a) is likely to cause injury to any other person or persons, damage to property or otherwise give rise to a risk to public safety, or_** **_(b) is disorderly._**

Answer 100

* Part A: forwarded to Infringement Bureau (Part A: AWAY) * Part B: remains in Fixed Penalty Notice Book (Part B: BOOK) * Part C: issue copy (Part C: CLIENT)

Answer 101

Definition sections Offence creating sections Powers sections Procedural sections

Answer 102

When you plainly convey by words or actions a suspect is not free to leave. Total restraint of the personal liberty of another Effective from the moment they are not free to go

Answer 103

No Do not issue defect notices: For lost/damaged plates If the defect is corrected at the scene If vehicle unattended, or can’t meet with driver/owner Damage from accident Unregistered motor vehicles.

Answer 104

Person Searches Section 30 LEPRA ## Footnote * In conducting the search of a person, a police officer may— * (a) quickly run his or her hands over the person’s **outer clothing**, and * (b) require the person to **remove** his or her **coat or jacket or similar article of clothing and any gloves, shoes, socks and hat** (but not, except in the case of a strip search, all of the person’s clothes), and * (c) **examine anything in the possession** of the person, and * (d) pass an electronic metal detection device over or in close proximity to the person’s outer clothing or anything removed from the person, and * (e) do any other thing authorised by this Act for the purposes of the search

Answer 105

1. Destroy or damage property, s.195(1) Crimes Act 2/3. The accused – Rose Bush (Doug tells you and you sight her drivers licence) Intentionally or recklessly – Intentional because she makes the decision to take revenge and she says “I did it, but he deserved it. The guy’s a tool”. Damaged or destroyed property – CCTV shows her damaging the car. It was damaged as the vehicle was able to be repaired. Property belonging to another or the accused and another – Doug’s car. He tells you it is his. 4. Table 1 – the damage is more than $5,000.

Answer 106

Free up the court system * Self * Enforcing * Infringement * Notice * Scheme

Answer 107

* There is no time limit for the taking of the blood sample; however, the sample should be taken as soon as possible and the Act advises it should be taken within 12 hours.

Answer 108

* Section 51A **_Predatory_** Driving * Section 52A **_Dangerous Driving_** Occasioning Death or GBH Circumstances of Aggravation for Section 52A: At the time of the impact: * The prescribed concentration of alcohol **_( \> 0.150)_** was present in the accused’s blood, OR * The accused was driving on a road at **_more than 45kph_** over the applicable speed limit, OR * The accused was driving the vehicle to **_escape pursuit_** by a police officer, OR * The accused’s ability to drive was very substantially impaired by being under the influence of a **_drug (other than intoxicating liquor) or a combination of drugs._** These offences are **_not_** restricted to driving on a road

Answer 109

Police may carry out a breath test when they have reasonable cause to believe that the person; * Is or was the driver of a motor vehicle, or * Is or was occupying the driver's seat of a motor vehicle and attempting to put it in motion, or * Is the holder of a driver's licence and is or was seated next to a learning licence holder who is or was driving a motor vehicle, on a road or road-related area.

Answer 110

**Mental Health Service Department of Health** – risk assessment, mental health assessment, care and behavioural management **NSW Ambulance** – pre-hospital emergency patient care, clinical stabilisation and safe transport **NSW Police Force** – public safety, self-harm issues, obligations to transport or assist in the transport of patient if assessed as a serious risk

Answer 111

“Child" means a person who is of or over the age of 10 years and under the age of 18 years. \*\*Remember, a child under 10 cannot be guilty of an offence\*\*.

Answer 112

U – Under 15 grams S – Sufficient evidence C – Consent to the caution A – Admits to the offence N – No other offences C – Cannot request or demand (offender can’t) A – Appropriate in the circumstances P – Personal use only (not supplying!) T – Two cautions maximum I – Identity is known O – Over 18 years old N – No previous offences for violence, DV, Drugs, Sexual

Answer 113

* It is necessary in order to find a **responsible person willing** to take care of the intoxicated person; or * A **responsible person cannot be found** to take care of the intoxicated person or the intoxicated person is not willing to be released into the care of a responsible person and it is impracticable to take the intoxicated person home; or * The intoxicated person is **behaving (or likely to behave) so violently that a responsible person would not be capable of taking care** of and controlling the intoxicated person.

Answer 114

Primary: Directly affected Secondary: Indirectly affected \*victims are defined in S.5 of the Victims Rights and Support Act\*

Answer 115

* Takes, or participates in, any step, or causes any step to be taken, in the process of that cultivation, manufacture, production or supply. * Provides/arranges finance for any such step in that process. * Provides the premises in which any such step is taken, or permits it if owner.

Answer 116

* (1) A police officer may give a direction to a person in a public place if the police officer believes on reasonable grounds that the person’s behaviour or presence in the place (referred to in this Part as "relevant conduct"): * (a) is **obstructing another person or persons or traffic, or** * (b) constitutes **harassment or intimidation of another person or persons**, or * (c) is c**ausing or likely to cause fear to another person or persons**, so long as the relevant conduct would be such as to cause fear to a person of reasonable firmness, or * (d) is for the purpose of unlawfully supplying, or intending to **unlawfully supply, or soliciting another person or persons to unlawfully supply, any prohibited drug,** or * (e) is **for the purpose of obtaining, procuring or purchasing any prohibited drug** that it would be unlawful for the person to possess.

Answer 117

Road Transport Act, Section **_117_** A person must not: * **_Drive_** a **_motor_** vehicle * Upon a **_road or road related are_**a * **_NEGLIGENTLY,_** or * At a **_SPEED**_ or in a _**MANNER DANGEROUS_** to the public

Answer 118

* The driver/s * The vehicles/s * The road environment/conditions

Answer 119

OFFENCES FOR CIN’s ## Footnote 1. Larceny (value under $300) 2. Goods in custody 3. Offensive language 4. Offensive Behaviour 5. Obstruct person/vehicle/vessel in public place 6. Enter vehicle or boat without consent of owner/occupier 7. Continuation intoxicated behaviour after move on direction

Answer 120

When can Liquor be Disposed of? Clause 5 Summary Offences Regulations ## Footnote Seized liquor may be disposed of when seized if: **(a) at the time of seizure it is in a container that is unsealed or from which part of the contents have been removed, or** **(b) it is, or is likely soon to become, unfit for human consumption.**

Answer 121

* Conducted roadside. * Only an _indication that a PCA_ offence MAY have been committed. * No actual offence at this stage. * Positive (standard) breath test leads to an arrest for the purposes of a breath analysis.

Answer 122

* The accused * Manufactures/produces or, * Knowingly takes part in manufacturing/producing * (1A) exposes a child to that manufacturing or production process or substances related * A prohibited drug - Indictable drug offence.

Answer 123

* Perceives a risk that a consequence may occur, but takes it.

Answer 124

**C** – Causing Fear **H** – Harassment / Intimidation **O** – Obstructing Traffic (person/vehicle) **P** – Procuring Prohibited Drug **S** – Supplying Prohibited Drug (note: these are not in order as set out in legislation)

Answer 125

* Attend, assess, advise * Attend to the welfare of injured * Identify drivers and witnesses * Breath test drivers where possible * Preliminary point of impact * Ensure the free flow of traffic * Investigate and record details * Adjudicate on who is at fault & deal with such under relevant legislation

Answer 126

Any of the following: Preventing, detecting, solving crime Used for preparation of intelligence briefings and tasking Used for identifying crime hotspots and types of crimes

Answer 127

* What PCA range is this? High range PCA * What is the relevant Act and Section for a PCA charge? Road Transport Act, Section 110 * Will you suspend the drivers licence on charging the driver? Yes, because the driver blew high range • If in the same circumstances the driver blew 0.03 on the breath analysis. What PCA range is this? It falls within the acceptable level for this driver in this circumstance. The driver is allowed to leave the police station without charge.

Answer 128

Relevance: * Relevant evidence is evidence which can **rationally affect** (directly or indirectly) the assessment of the probability of the existence of a fact in issue in the case. Reliability: * is a measure of **accuracy -Credibility of witness** Fairness: * was the evidence gathered **legally** * was the evidence gathered **improperly**

Answer 129

* The owner/driver or person responsible for the vehicle is unable to organise the tow – eg owner is injured and conveyed to hospital BUT the owner still pays for the tow * The owner/driver or person responsible for the vehicle is unable, for some other reason, to organise a tow BUT the owner still pays for the tow * The only time that police both organise and PAY for a tow is when the vehicle is required for examination/exhibit reasons * Police should never recommend any particular towing company and if they need to organise a tow, they must contact the radio and organise for the next contracted tow to take the job.

Answer 130

In excess of 4.5 tonnes

Answer 131

* Endorse all parts with ‘Cancelled’ * Include the reason and action taken * Sign the cancelled notice, write your name, rank, station and date * Cross-reference to any new FPN you issue * Have the cancelled FPN signed by your supervisor (who will forward it to Revenue NSW)

Answer 132

Custody is to be in the care and control of police, at a police station or another place of detention.

Answer 133

***public place*** includes— 1. 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 and whether or not the public to whom it is open consists only of a limited class of persons, and (b) a road or road related area, **but does not include a school.**

Answer 134

* anything **made or adapted** for use for causing **injury to a person**; or * anything intended, by the person having custody of the thing, to be **used to injure or menace a person or damage property.**

Answer 135

Summary Table 1 indictable Table 2 indictable Strictly indictable cannot be heard at local court.

Answer 136

A police officer may, without a warrant, arrest a person if: (a) **the police officer suspects on reasonable grounds that the person is committing or has committed an offence, and** (b) the police officer is satisfied that the arrest is reasonably necessary for any one or more of the following reasons: (i) **to stop the person committing or repeating the offence or committing another offence,** (ii) to stop the person fleeing from a police officer or from the location of the offence, (iii) **to enable inquiries to be made to establish the person's identity if it cannot be readily established or if the police officer suspects on reasonable grounds that identity information provided is false,** (iv) to ensure that the person appears before a court in relation to the offence, (v) **to obtain property in the possession of the person that is connected with the offence,** (vi) to preserve evidence of the offence or prevent the fabrication of evidence, (vii) to prevent the harassment of, or interference with, any person who may give evidence in relation to the offence, (viii) **to protect the safety or welfare of any person (including the person arrested),** (ix) because of the nature and seriousness of the offence.

Answer 137

Discrimination occurs when a person is treated unfairly because they belong to a particular group of people or have a particular characteristic Vilification is any public act that could incite others to hate, have serious contempt for, or have severe ridicule of a person based on their actual/perceived race, homosexuality, HIV, AIDS, transgender status, etc.

Answer 138

* Direction and speed of travel * Details of what they did specific to offence * Where you stopped them * What they said * Traffic/road/weather/environment conditions * Diagram of the vehicle and occupants

Answer 139

DC, DX, or CC

Answer 140

LEPRA 2002 (NSW), Section 197 subsections (2) to (4) 197 ***Directions generally relating to public places*** (2) A direction given by a police officer under this section must be reasonable in the circumstances for the purpose of— (a) reducing **or eliminating the obstruction, harassment, intimidation or fear, or** (b) stopping **the supply, or soliciting to supply, of the prohibited drug, or** (c) stopping **the obtaining, procuring or purchasing of the prohibited drug.** (3) The other person or persons referred to in subsection (1) need not be in the **public** place but must be **near** that place at the time the relevant conduct is being engaged in. (4) For the purposes of subsection (1)(c), no person of reasonable firmness need actually be, or be likely to be, present at the scene.

Answer 141

Any plant or part of a plant of the genus Cannabis by whatever name that plant or part may be called, and includes the achene and seed of any such plant. – Does not include: Cannabis oil, any fibre of any such plant or part from which the resin has been extracted or Cannabis plant.

Answer 142

Resist or Hinder Police, Crimes Act 1900 (NSW), Section 546C: Resist – means opposing by force. Hindering – means something less that preventing. It refers to rendering an action more difficult to carry out but not impossible. (NSW Police Force Law notes: 07/30)

Answer 143

They are Summary matters and therefore the Statute of Limitations for these offences is 6 months from the day of the offence.

Answer 144

Less than 2 years

Answer 145

_Drug Misuse and Trafficking Act 1985 (NSW), Section 36ZF_ _36ZF Offence of supplying or manufacturing psychoactive substances_ (1) A person must not **_manufacture_** or **_knowingly_** take part in the **_manufacture_** of a psychoactive substance for supply to another person— (a) knowing that it is being **_supplied_** to the person primarily for **_human consumption_** or for supply by that person to another person for that purpose, or (b) being reckless as to whether it is being so supplied.

Answer 146

**_*Liquor Act 2007* (NSW), Section 5_** A person is intoxicated if: Reasonable in the circumstances to believe that the affected speech, balance, co-ordination or behaviour is the result of the **consumption** of liquor. **Section 205 of *LEPRA 2002* (NSW),** the definition of an “intoxicated person” means a person who appears to be **_seriously_** affected by alcohol or another drug or a combination of drugs.

Answer 147

Minor indictable (2 to \<5 years) Serious indictable (\>5 years) Strictly indictable

Answer 148

* Learner licence holders * Provisional P1 and P2 licence holders * Unlicenced drivers who have NEVER held a licence of any kind in NSW or any State or Territory of Australia.

Answer 149

Roads and Maritime Services (RMS) Inspectors need to be advised and the vehicle/s need to be issued with Defect Notices that are to be endorsed as “Crash Damage Only”

Answer 150

A rebuttable presumption at law that children between 10 and 14 years of age cannot form the necessary mens rea to be guilty of an offence

Answer 151

(a) delusions, (b) hallucinations, (c) serious disorder of thought form, (d) a severe disturbance of mood, (e) sustained or repeated irrational behaviour indicating the presence of any one or more of the symptoms referred to in paragraphs (a)-(d).

Answer 152

**LEPRA 2002 (NSW), Section 199** 199 Failure to comply with direction (cf Summary Offences Act 1988, s 28F) (1) A person must not, without **reasonable excuse, refuse or fail to comply with a direction** given in accordance with this Part. **Summary Offences Act 1988 (NSW), Section 9** **Continuation of intoxicated and disorderly behaviour following move on direction** 1. A person who: (a) is given a move on direction for being **intoxicated and disorderly** in a public place, and (b) at any time within 6 hours after the move on direction is given, is intoxicated and disorderly in the same or another public place, is guilty of an offence. Maximum penalty: 15 penalty units.

Answer 153

NSW Police Force Strategy on Sexuality, Gender Diversity and Intersex 2016-2020

Answer 154

No. The graffiti control act tells us these offenders must go before a court Graffiti Control Act S. 20

Answer 155

Driving Under the Influence of Alcohol or other Drugs (DUI) based solely on observations: * The driver of a vehicle. * A person occupying the driver’s seat and attempting to put the vehicle into motion' * The holder of driver’s licence and seated next to a learner licence holder driving a motor vehicle.

Answer 156

**Table 1 Indictable Offence or Strictly Indictable Offence** – persons detected committing offences in this category should be charged and brought before a court as soon as possible **Table 2 Indictable Offence or Summary Offence** – should be dealt with under the Mental Health Act 2007 (NSW)

Answer 157

* novice range prescribed concentration of alcohol means a concentration of more than _0.001_ grams, but less than _0.019_ grams, of alcohol in 210 litres of breath or 100 millilitres of blood. * special range prescribed concentration of alcohol means a concentration of _0.020_ grams or more, but less than _0.049_ grams, of alcohol in 210 litres of breath or 100 millilitres of blood. * low range prescribed concentration of alcohol means a concentration of 0.050 grams or more, but less than 0.079 grams, of alcohol in 210 litres of breath or 100 millilitres of blood. * middle range prescribed concentration of alcohol means a concentration of 0.080 grams or more, but less than 0.149 grams, of alcohol in 210 litres of breath or 100 millilitres of blood. * high range prescribed concentration of alcohol means a concentration of 0.150 grams or more of alcohol in 210 litres of breath or 100 millilitres of blood.

Answer 158

15 years and over

Answer 159

Use defensive sprays only for: * protection of human life * a less lethal option for controlling people, where violent resistance or confrontation occurs (or is likely to occur) * protection against animals

Answer 160

Mens rea And Actus reus

Answer 161

Road Transport Act, Section 118 A person must not: * **_Drive a motor_** vehicle * on a **_road_** * in a **_MANNER THAT MENACES_** another person, AND * **_INTENDS to menace_** that other person, OR * OUGHT TO HAVE KNOWN that the other person **_might be menaced_** This section applies regardless if the person feels menaced or not, by threat of personal injury, or by threat of damage to property, and whether or not the person or property is on a road or road related area. Examples: * Tailgating extremely close to the vehicle in front * Travelling behind another vehicle and flashing headlights and sounding the horn * Speeding in front of another vehicle and then braking harshly * Driver on road points his vehicle at a person on private property / footpath / road, causing the wheels to spin and screech so as to frighten the other person

Answer 162

Complete the definition of Intoxicated Section 5 Liquor Act ## Footnote a person is intoxicated if— (a) the person’s s**peech, balance, co-ordination** or behaviour is **noticeably** affected, and (b) it is reasonable in the circumstances to believe that the affected **speech, balance, co-ordination** or **behaviour** is the result of the consumption of liquor.

Answer 163

[Drug Misuse and Trafficking Act 1985 (NSW), Schedule 1](https://www.legislation.nsw.gov.au/#/view/act/1985/226/sch1)

Answer 164

1. **_s.21_** of *LEPRA 2002* (NSW) provides police with the power to search persons and seize and detain things without warrant 2. The power to search on arrest is **_s.27**_ and the ancillary power to search persons is _**s.28**_. This power allows a police officer to require the person to _**open his or her mouth to enable it to be searched**_, or to _**shake, or otherwise move, his or her hair._** 3. The power to search a person in lawful custody is ***_LEPRA_* _s.28A_** 4. Section 23 of *LEPRA 2002* (NSW) provides police with the power to search for **_dangerous implements_**

Answer 165

* Crowd scene * Picture identification * In-court identification

Answer 166

1. The driver/s 2. The vehicles/s 3. The road environment/conditions

Answer 167

* noticeably intoxicated, * in a public place, * likely to cause injury to another person, damage to property, risk to public safety, and/or * disorderly.

Answer 168

“…any **substantial breach of decorum** which tends to **disturb the peace or to interfere with the comfort of other people** who may be in, or in the vicinity of, a street or public place.” [1939]Barrington v Austin

Answer 169

The Commonwealth Poisons Standard (February 2021) is a Legislative Instrument.

Answer 170

To inspect vehicles for defects

Answer 171

•(1) A person under the age of 18 years is guilty of an offence if the person possesses or consumes any liquor in a public place, unless the person establishes that: ## Footnote **•(a) the person was under the supervision of a responsible adult, or** **•(b) the person had a reasonable excuse for possessing or consuming the liquor.**

Answer 172

.... law enforcement officials may use force only when strictly necessary and to the extent required for the performance of their duty. The minimum amount of force necessary to achieve the objective

Answer 173

•The NSW Police Force is committed to working in partnership with the community, other government agencies, non-government agencies and the liquor industry to: ## Footnote **•Promote safer communities** **•Minimise alcohol related crime and associated harm.**

Answer 174

* Subsection 5 of section 198, describes a person as being **noticeably** intoxicated as having their; speech, **balance**, coordination affected by the consumption of alcohol or any drug.

Answer 175

* The accused * Has in their possession * An amount of a prohibited drug not less than the traffickable quantity (“deemed supply”) * Unless the accused proves: o they had the drug for reasons other than possession or, o they obtained possession with a prescription of a doctor, nurse, midwife, dentist or vet. - Indictable drug offence.

Answer 176

An area that is open to or used by the public and is developed for, or has as one of its main uses, the driving or riding of motor vehicles.

Answer 177

“I am Constable ______ from _____ Police Station. I believe your yelling out to people as they walk past is intimidating people in this area. I am directing you to stop this conduct. Do you understand that? **I must warn you that you are required by law to comply with this direction”.** If the direction is given this way, the police officer (if in uniform) has satisfied the requirements of Part 15 Safeguards (Section 202 and 203) in LEPRA.

Answer 178

* Location of the crash * Injuries/persons trapped * How many vehicles involved * Time of crash * Particulars of the caller (at least name and contact details)

Answer 179

The accused Intentionally marked premises or property In circumstances of aggravation Without consent Without reasonable excuse

Answer 180

They request assistance, They appear to be distressed or in need of assistance, Their behaviour or where they are seeking shelter threatens their or others safety, Their behaviour is likely to result in damage to property or the environment, They are a child who appears to be under the age of 16, They are a young person who appears to be 16 to 17 years old who may be at risk of significant harm, or They are a child or young person who is in the care of the Director-General of the Department of Family and Community Services or the parental responsibility of the Minister for Family and Community Services. (Extract from Protocol for Homeless People in Public Places).

Answer 181

* Direct goes directly to prove or disprove. E.g. fingerprints * Circumstantial goes indirectly to supporting a fact in issue. E.g. family members of offender are given items that belonged to a murder victim).

Answer 182

* Cannabis Leaf: Small – 30g Traffickable – 300g * Amphetamine, Methamphetamine, Heroin & Cocaine: Small – 1g o Traffickable – 3g • LSD: Small – 0.0008g Traffickable – 0.003g

Answer 183

***parent*** of a child includes: (a) a guardian of the child, and (b) a person who has custody of the child,

Answer 184

A facts sheet That is, it will establish the elements of the offence at prima facie level

Answer 185

* Inculpatory incriminates E.g. DNA found in a stolen car * Exculpatory exonerates E.g. Evidence of an alibi

Answer 186

* A CIN can only be issued to an adult whose identity has been confirmed * A maximum of four CINs can be issued at one time and only for prescribed offences

Answer 187

No, the minimal age is ten

Answer 188

Who Can Be Issued with a CIN? * A CIN can only be issued to an adult whose identity has been confirmed How many CINs can be issued at one time? * A maximum of four CINs can be issued at one time and only for prescribed offences

Answer 189

Any of the following: * Roads and Maritime Services * Police * Staysafe Committee * NRMA * Motor Accidents Authority * Local Councils * NSW Health * Pedestrian Council

Answer 190

**You _must inform_ the driver that you are conducting a sobriety assessment** Driver must have been **_submitted to a roadside breath test_** in which the driver provided a **_negative result before_** an assessment of sobriety can be conducted. Police **_must**_ have a _**reasonable belief_** that the person may be under the influence of a drug other than alcohol. The assessment of sobriety must be conducted **_at or near_** the place where the person underwent the breath test. **NO** BREATH TEST, **NO** SOBRIETY ASSESSMENT.

Answer 191

(a) it is necessary to do so temporarily for the purpose of finding a responsible person willing to undertake the care of the intoxicated person, or (b) a responsible person cannot be found to take care of the intoxicated person or the intoxicated person is not willing to be released into the care of a responsible person and it is impracticable to take the intoxicated person home, or (c) the intoxicated person is behaving or is likely to behave so violently that a responsible person would not be capable of taking care of and controlling the intoxicated person.

Answer 192

s. 11 Identity may be required to be disclosed (2) s. 19 Power of police officer to request proof of identity

Answer 193

An FCAN can only be issued once… ## Footnote * The offender has been positively identified and the offence fits FCAN criteria * Police have enough evidence to establish elements of the offence

Answer 194

**(a) who is at the time intoxicated, violent, quarrelsome or disorderly, or** **(b) whose presence on the licensed premises renders the licensee liable to a penalty under this Act, or** (c) **who smokes**, within the meaning of the Smoke-free Environment Act 2000, while on any part of the licensed premises that is a smoke-free area within the meaning of that Act, or (d) who uses, or has in his or her possession, while on the premises any substance that the authorised person suspects of being a **prohibited plant or a prohibited drug**, or (e) whom the authorised person, under the conditions of the licence or according to a term (of the kind referred to in section 134 or 136D) of a liquor accord, is authorised or required to refuse access to the licensed premises.

Answer 195

**LEPRA 2002 (NSW), Section 30** **30 Person searches / searches generally** In conducting the search of a person, a police officer may— (a) quickly run his or her **hands over the person’s outer clothing**, and (b) require the person to **remove his or her coat or jacket or similar article of clothing and any gloves, shoes, socks** and hat (but not, except in the case of a strip search, all of the person’s clothes), and (c) **examine anything in the possession of the person**, and (d) **pass an electronic metal detection device over or in close proximity to the person’s outer clothing or anything removed from the person**, and (e) do any other thing authorised by this Act for the purposes of the search.

Answer 196

Depressants slow down the activity of the brain and nervous system, slowing down the communication between the two.

Answer 197

* noticeably intoxicated, * in a public place, * likely to cause injury to another person, damage to property, risk to public safety, and/or * disorderly. * The term ‘disorderly’, has been defined as, any substantial breach of decorum which tends to disturb the peace or to interfere with the comfort of other people who may be in, or in the vicinity of, a street or public place.”

Answer 198

11 Blood samples to be taken in hospitals from certain accident hospital patient 12 Power to arrest persons involved in accidents resulting in death for purpose of blood and urine testing

Answer 199

(1) This Part applies to the exercise of the following powers by police officers— **(a) a power to stop, search or arrest a person,** **(b) a power to stop or search a vehicle, vessel or aircraft,** (c) a power to enter or search premises, **(d) a power to seize property,** (e) a power to require the disclosure of the identity of a person (including a power to require the removal of a face covering for identification purposes), **(f) a power to give or make a direction, requirement or request that a person is** required to comply with by law, (g) a power to establish a crime scene at premises (not being a public place).

Answer 200

The following offences are relevant offences for the purposes of this Division— (a) **indictable offences,** (b) an offence against section 93FB of the Crimes Act 1900, (c) an offence against the **Weapons Prohibition Act 1998, the Firearms Act 1996**, or a regulation made under either of those Acts, (d) an offence against a provision of Part 2 of the **Explosives Act 2003.**

Answer 201

Presence of prescribed concentration of alcohol in person’s breath or blood * _CAN (Road Transport Act 2013 (NSW), Section 110) for PCA offence in the appropriate range if the result is positive._ * _CAN (Road Transport Act 2013 (NSW), Section 112) DUI if in a vehicle other than a motor vehicle._

Answer 202

Pull over a light vehicle and light combinations in order to exercise your other traffic powers.

Answer 203

* The Accused * Intentionally or recklessly * Destroyed or damaged property * Belonging to another or the accused and another

Answer 204

Calculated **to wound the feelings, arouse anger, resentment, disgust or outrage** in the mind of a reasonable person

Answer 205

* any breath test and/or breath analysis MUST be completed within 2 hours from the time of the incident which brought the driver under notice * we also allow 15 minutes from the time that the driver last consumed alcohol to the time that the breath test/analysis is conducted. This is done to allow mouth alcohol to dissipate and to obtain an accurate reading. Source: Road Transport Act 203 no 18 Schedule 3 Pt 2 Division 1 Secton 2(2)(a)

Answer 206

* Conducted roadside. * Only an indication that a PCA offence MAY have been committed. * No actual offence at this stage. * Positive (standard) breath test leads to an arrest for the purposes of a breath analysis. It is a _breath_ test There are two types of a roadside breath test that police can conduct, _passive and standard._

Answer 207

A police officer may, without a warrant, arrest a person if: (a) the police officer suspects on reasonable grounds that the person is committing or has committed an offence, and (b) _the police officer is satisfied that the arrest is reasonably necessary for any one or more of the following reasons:_ (i) to stop the person committing or repeating the offence or committing another offence, (ii) _to stop the person fleeing from a police officer or from the location of the offence_, (iii) to enable inquiries to be made to establish the person's identity if it cannot be readily established or if the police officer suspects on reasonable grounds that identity information provided is false, (iv) _to ensure that the person appears before a court in relation to the offence,_ (v) to obtain property in the possession of the person that is connected with the offence, (vi) to preserve evidence of the offence or prevent the fabrication of evidence, (vii) _to prevent the harassment of, or interference with, any person who may give evidence in relation to the offence,_ (viii) to protect the safety or welfare of any person (including the person arrested), (ix) because of the nature and seriousness of the offence.

Answer 208

* What time was your _first_ drink? * What time was your _last_ drink? * How _many_ drinks have you had? * What _size_ were your drinks? * What _type_ of drinks? * _Where_ did you drink? * Did you _eat anything_ while drinking?

Answer 209

False Must be towed away or fixed (with clearance) prior to driving

Answer 210

Up to 24 hours

Answer 211

LEPRA s.36 Power to search vehicles and seize things without warrant (1) A police officer may, without a warrant, stop, search and detain a vehicle if the police officer suspects on reasonable grounds that any of the following circumstances exists— (a) the vehicle contains, or a person in the vehicle has in his or her possession or under his or her control, **_anything stolen or otherwise unlawfully obtained,_** (b) the vehicle is being, or was, or may have been, used in or in connection with the commission of a relevant offence, (c) the **_vehicle contains_** anything used or intended to be used in or in connection with the commission of a relevant offence, (d) the vehicle is in a **_public place or school_**p and contains a **_dangerous article_** that is being, or was, or may have been, used in or in connection with the commission of a relevant offence, (e) the vehicle contains, or a person in the vehicle has in his or her possession or under his or her control, a **_prohibited plant or prohibited drug_** in contravention of the Drug Misuse and Trafficking Act 1985, (f) circumstances exist on or in the vicinity of a public place or school that are likely to give rise to a serious risk to public safety and that the exercise of the powers may lessen the risk

Answer 212

(1) A **_person_** must not, while under the **_influence of alcohol**_ or _**any other drug_**— (a) **_drive_** a vehicle, or (b) **_occupy_** the driving seat of a vehicle and **_attempt_** to put the vehicle in motion, or (c) if the person is the holder of an applicable driver licence (other than an applicable provisional licence or applicable learner licence) - **_occupy the seat in or on a motor vehicle next to a learner driver who is driving the vehicle._**

Answer 213

In conducting a search of a student in a school under this section, a police officer must, if reasonably possible to do so, allow the student to nominate an adult who is on the school premises to be present during the search.

Answer 214

YOU CANNOT CHARGE A PERSON WITH BOTH OFFENCES FOR THE SAME INCIDENT. ## Footnote Offensive Conduct is the offence if both offenses accor

Answer 215

Any of the following: * No action. * Caution * Penalty notice * Field Court Attendance Notice * Future Court Attendance Notice * Youth Caution Cannabis Caution

Answer 216

The decision to handcuff rests with you. Officer safety is paramount. Generally, you are justified in handcuffing prisoners only when they have tried to escape, or to prevent escape or injury to themselves or others.

Answer 217

Section 211F in the Police Act 1990

Answer 218

**[*Summary Offences Act 1988*](https://www.legislation.nsw.gov.au/#/view/act/1988/25/part2/div2/subDiv1/sec11b)[(NSW), Section 11B(3)](https://www.legislation.nsw.gov.au/#/view/act/1988/25/part2/div2/subDiv1/sec11b)** **11B Custody of offensive implement** (1) A person shall not, without reasonable excuse (proof of which lies on the person), have in his or her custody an offensive implement in a public place or a school.

Answer 219

That the risk is IMMEDIATE and IMMINENT and it is going to happen if you don’t take immediate action

Answer 220

* They suspect on reasonable grounds that an offence is being committed or has been committed; (without the need for a warrant) or * Directed to by another officer providing the other officer has the lawful justification for an arrest; (without the need for a warrant) or * There is a warrant (written authority) for arrest that has been issued by a court (LEPRA 2002 (NSW), Section 101) * There is a breach of the peace (Common Law) * Person unlawfully at large (no warrant) (LEPRA 2002 (NSW), Section 102) * Person unlawfully at large (warrant issued) (LEPRA 2002 (NSW), Section 103) * Offences committed inter-state (LEPRA 2002 (NSW), Section 104)

Answer 221

Any substance, other than a prohibited plant specified in Schedule 1 of the DMTA.

Answer 222

Possession of equipment for administration of prohibited drugs * accused * had any item of equipment for use in the administration of a prohibited drug * in his/her possession

Answer 223

A person in the company of a police officer for the purpose of participating in an investigative procedure in connection with an offence if: A) The person has been informed he/she is free to leave at will B) The police officer believes there is sufficient evidence that the person has committed the offence.

Answer 224

The conduct must be **calculated to wound the feelings, arouse anger or resentment or disgust or outrage in the mind of a reasonable person** (Worcester -v- Smith). It is not necessary to prove that a reasonable person was present at the time the offensive conduct occurred. However, the court will consider if a reasonable person could have been present. To be offensive, you must consider to some extent the circumstances.

Answer 225

**Cathinones:** including mephadrone (4 Methylmethcathinone) or MDPV (methylenedioxypyrovalerone) and related chemicals, which are often found in a powder form and are sometimes marketed as an alternative to cocaine. **Cannabinoids**: A synthetic compound with similar effects to cannabis which is usually sprayed on to smokeable dried leaves. **Hallucinogenic NPS:** This includes groups of drugs known as the 2C-X family and the 2C-X NBOMe family. These are sometimes sold as LSD, and may take the form of tabs of blotting paper, powder or pills.

Answer 226

Original Authority (Common Law) Statute Law

Answer 227

Part 9 of LEPRA 2002 (NSW) pertains to investigations and questioning of suspects and, in particular, by reference to Section 109, which details the objects of the Act, it allows for detention, investigation, and makes provisions for the rights of the detained person.

Answer 228

Passive Test * The passive test is where the tube is **NOT** attached to the instrument and the driver **DOES NOT** blow directly into the instrument. * Generally the initial test at an RBT (Stationary or Mobile) * It is only an **indication** of the presence of alcohol (Not the concentration) * If the result indicates the presence of alcohol - police must conduct a **standard** test to confirm concentration level (i.e. you cannot arrest for a positive passive test) * Allows for the rapid processing of motorists ensuring minimal disruption to the flow of traffic Standard Test * A standard test should be conducted: * After a positive **passive** test * When police **suspect** that the driver HAS been consuming alcohol * When the driver **admits** to consuming alcohol * When there are **windy** conditions in the area the test is being conducted * When there are **other** people in the motor vehicle who have consumed alcohol (strong smell of alcohol in the vehicle) - regardless of the driver's consumption or lack thereof; or * When the driver has been involved in a **motor vehicle collision** * If alcohol reading is detected that falls within the PCA ranges you must arrest for the purposes of a breath analysis. * A standard test (tube attached) MUST be performed BEFORE police submit a driver to a sobriety assessment (relates to DUI offences)

Answer 229

Measured the amount of alcohol in millilitre’s in the amount of 210 litres of breath or 100 millilitres of blood

Answer 230

NO BREATH TEST, NO SOBRIETY ASSESSMENT.

Answer 231

True (142(1) RTA).

Answer 232

* Seizing or touching * Submission * Words or conduct make it clear that they can’t leave

Answer 233

When the guilty mind/mens rea/intent gets transferred from one person/object to another. Same offence to same offence.

Answer 234

Persons under 18 years old Aboriginal/Torres Strait Islanders Persons of non-English speaking background Persons who have a disability (physical/intellectual/otherwise)

Answer 235

To keep the peace

Answer 236

* protect human life, * protect yourself or others where violent confrontation or violent resistance is occurring or imminent, * protect an officer/s in danger of being overpowered or to protect themselves or another person from the risk of actual bodily harm, or * Protection from animals

Answer 237

* The accused * possessed or attempted to obtain possession of * a prescribed restricted substance * Without lawful excuse

Answer 238

Section 213 – As long as you are doing the best you can, acting in good faith, and not being negligent.

Answer 239

False A Sergeant/above must first apply for a court order to obtain this.

Answer 240

**LEPRA 117** Certain times to be disregarded in calculating investigation period ## Footnote (a) any time that is reasonably required to convey the person from the place where the person is arrested to the nearest premises where facilities are available for conducting investigative procedures in which the person is to participate, (b) any time that is reasonably spent waiting for the arrival at the place where the person is being detained of police officers, or any other persons prescribed by the regulations, whose particular knowledge of the investigation, or whose particular skills, are necessary to the investigation, (c) any time that is reasonably spent waiting for facilities for complying with section 281 of the Criminal Procedure Act 1986 to become available, (d) any time that is required to allow the person (or someone else on the person’s behalf) to communicate with a friend, relative, guardian, independent person, Australian legal practitioner or consular official, (e) any time that is required to allow such a friend, relative, guardian, independent person, Australian legal practitioner or consular official to arrive at the place where the person is being detained, (f) any time that is required to allow the person to consult at the place where the person is being detained with such a friend, relative, guardian, independent person, Australian legal practitioner or consular official, (g) any time that is required to arrange for and to allow the person to receive medical attention, (h) any time that is required to arrange for the services of an interpreter for the person and to allow the interpreter to arrive at the place where the person is being detained or become available by telephone for the person, (i) any time that is reasonably required to allow for an identification parade to be arranged and conducted, (j) any time that is required to allow the person to rest or receive refreshments or to give the person access to toilet and other facilities as referred to in section 130, (k) any time that is required to allow the person to recover from the effects of intoxication due to alcohol or another drug or a combination of drugs, (l) any time that is reasonably required to prepare, make and dispose of any application for a detention warrant or any application for a search warrant or crime scene warrant that relates to the investigation, (m) any time that is reasonably required to carry out charging procedures in respect of the person, (n) any time that is reasonably required to carry out a forensic procedure on the person under the Crimes (Forensic Procedures) Act 2000, or to prepare, make and dispose of an application for an order for the carrying out of such a procedure, (o) any time that is reasonably required for the person to undertake a breath test or breath analysis or to provide a blood or urine sample under Division 4 of Part 10.

Answer 241

If a person sells a substance and represents the substance, by any means, as a prohibited drug, at law, the seller is deemed to have supplied a prohibited drug. The person who purchases the substance, although believing it to be the purported drug, has not committed an offence unless the substance is listed in the *Drug Misuse and Trafficking Act 1985* (NSW), Schedule 1. **Drug Misuse and Trafficking Act 1985 (NSW), Section 40**

Answer 242

Elements: * the accused * used Offensive language * in or near, or within hearing from, a public place or a school

Answer 243

3 Power to conduct random breath testing 4 Arrest following failed breath test 5 Breath analysis following arrest

Answer 244

* **Individual effect:** Health implications (both mental and physical), loss of employment, deterioration of relationships, inability to maintain normal lifestyle, financial loss. * **Social effect:** Increase in crime (particularly those related to assaults, property theft and drug manufacturing/ trafficking/ selling), financial loss within communities, loss of productivity for organisations. * **Financial:** Cost to health and emergency services that deal with the outcome of substance abuse. * **Legislative:** Changes to laws restricting behaviour, cost of enforcement and prosecution.

Answer 245

* A driver whose licence has been refused, cancelled, disqualified, suspended, or expired (more than 6 months) * A driver of a public passenger vehicle (bus, taxi, uber) * A driver of a coach (seats 8+ persons for hire/reward) * A driver of a heavy motor vehicle (weighing in excess of 13.9T) * A driver of a vehicle carrying dangerous goods (must display warning signs) * A driver of a vehicle carrying radioactive substance * Supervisor of Special Category driver (someone learning to drive a vehicle as mentioned above, e.g; heavy motor vehicle. If in doubt, imagine the supervisor in the driver's seat) * Unlicenced - inappropriate licence (e.g.: driving a m/vehicle with a 'C' class licence when one requires an 'LR' class licence or above)

Answer 246

Require a person whose identity is unknown to the officer to disclose his or her identity if the officer suspects on reasonable grounds that the person may be able to assist in the investigation of an alleged indictable offence because the person was at or near the place where the alleged indictable offence occurred, whether before, when, or soon after it occurred. Require a person whose identity is unknown to the officer to disclose his or her identity if the officer proposes to give a direction to the person in accordance with Part 14 for the person to leave a place

Answer 247

**LEPRA 2002 (NSW), Section 11(2)** 11 Identity may be required to be disclosed **LEPRA 2002 (NSW), Section 19** 19 Power of police officer to request proof of identity

Answer 248

* Four numbered tow trucks can attend any kind of tow required inclusive of towing damaged vehicles from crashes. * Three numbered tow trucks can tow any vehicle except (they MUST NOT) tow any crash damaged vehicle.

Answer 249

* whether the person will be required to remove clothing during the search, * why it is necessary to remove the clothing. * The police officer must ask for the person’s co-operation. **The police officer must conduct the search—** * in a way that provides reasonable privacy for the person searched, and * as quickly as is reasonably practicable. * The police officer must conduct the least invasive kind of search practicable in the circumstances. * The police officer must not search the genital area of the person searched * A search must be conducted by a police officer of the same sex as the person searched. * A search of a person must not be carried out while the person is being questioned * A person must be allowed to dress as soon as a search is finished. * If clothing is seized because of the search, the police officer must ensure the person searched is left with or given reasonably appropriate clothing.

Answer 250

* Ingestion * Injection * Smoking * Inhalation * Inhalation of fumes caused by the heating or burning * Any other means of introducing a prohibited drug into any part of the body of a person.

Answer 251

* Random Breath Testing (mobile or stationary) * Collisions * Manner of driving * Breach of road rules (traffic offence)

Answer 252

* The accused * Knowingly take part * In the cultivation * Of a prohibited plant

Answer 253

* Constriction of social space * Social background of the young person * Political/occupational pressure on police

Answer 254

**dangerous implement means—** (a) a dangerous article, or (b) a knife (including a knife blade, razor blade or any other blade), or **(c) any other implement made or adapted for use for causing injury to a person, or** (e) a laser pointer, **dangerous article means—** (a) a firearm, a spare barrel for any such firearm, or any ammunition for any such firearm, or (b) a prohibited weapon within the meaning of the Weapons Prohibition Act 1998, or (c) a spear gun, or (d) an article or device, not being such a firearm, capable of discharging by any means— (i) any irritant matter in liquid, powder, gas or chemical form or any dense smoke, or (ii) any substance capable of causing bodily harm, or (e) a fuse capable of use with an explosive or a detonator, or (f) a detonator.

Answer 255

1. Stimulants – Ice, Ecstasy, Meth Cocaine. 2. Depressants – Pot, Cannabis, GHB, heroin, morphine/pethidine, codeine, methadone. 3. Hallucinogens – LSD, Psilocybin.

Answer 256

* Motor vehicle * Road/road-related area * Elements specific to the offence

Answer 257

Protection of the Environment Operations Act 1997 (NSW) 276

Answer 258

* warning * caution * penalty notice * field or future service CAN, or * in the case of a child, dealing with the matter under the Young Offenders Act 1997 (NSW)

Answer 259

* **Any substance, other than a prohibited plant** * **Specified in Schedule 1Drug Misuse and Trafficking Act 1985 (NSW)** Note: A reference to a prohibited drug includes a reference to any preparation, admixture, extract or other substance containing any proportion of the prohibited drug

Answer 260

Vehicle built to be propelled by a motor that forms part of the vehicle

Answer 261

No **204B Commission of offence in relation to exercise of powers where failure by police officer to comply with this Part** If you fail to provide your name and place of duty when exercising a power applicable to this Part and the person fails to comply with your direction, requirement or request, they have not committed an offence for failing to comply. However, this does not mean the person has not committed another offence/s.

Answer 262

**U** -**15 grams or Under** **S** - Sufficient evidence exists **C** - Consent to caution/sign caution **A** - **Admits to the offence** **N** - No other offences involved for which a brief needs to be submitted **C** - Cannot request/demand **A** - **Appropriate in the circumstances** **U** - Use is for personal **T** - **Two cautions maximum** **I** - Identification is confirmed **O** - **Over 18 years of age** **N** - No priors for Sex, Drugs (other than 1^st caution), or Violent offences

Answer 263

False! They both need to be satisfied for a lawful arrest

Answer 264

Section 230 LEPRA It is lawful for a police officer exercising a function under this Act or any other Act or law in relation to an individual or a thing, and anyone helping the police officer, to use such force as is reasonably necessary to exercise the function.

Answer 265

“More than a mere idle wondering whether something exists or not” (George v Rockett (1990) 170 CLR at 104) * It is a positive feeling of actual apprehension or mistrust amounting to a slight opinion but without sufficient evidence. * The test is both subjective and objective. Did the police have a suspicion (subjective)? Would a reasonable person, armed only with the information the police officer had at the time, have held that belief (objective test).

Answer 266

What is the Definition of an Intoxicated Person? Section 205 LEPRA ## Footnote means a person **who appears to be seriously affected by alcohol or another drug or a combination of drugs.**

Answer 267

A person shall not, in **or within view from a public place or a school, willfully and obscenely expose his or her person.** Case law defines the term “his or her person” as meaning “**genitalia**”. Exposure of **buttocks** or **breasts** do not fall into this category

Answer 268

Taking all reasonable steps to avoid acts or omissions which could be reasonably foreseen to harm a person/s

Answer 269

False These are options for adults only

Answer 270

No it has to be under 15 grams

Answer 271

Damage can be repaired, destroy needs to be replaced

Answer 272

Poisons and Therapeutic Goods Act 1966 (NSW), Section 16

Answer 273

No A direction may not be issued to the State or a person acting on behalf of the State, or a public authority or a person in the capacity of a member, officer or employee of a public authority, or anyone else prescribed by the relevant Regulations.

Answer 274

**Firearms** You are only justified in discharging your firearm when 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.

Answer 275

10 years old Childrens Criminal Procedure Act S.5

Answer 276

LEPRA 2002 (NSW), Section 23 23 The power to search for dangerous implements without warrant in public places and schools

Answer 277

* Behaving in a disorderly manner or a manner likely to cause injury to the person or another person or damage to property; or * In need of physical protection because the person is intoxicated.

Answer 278

* When strictly indictable and domestic violence offences are committed * For offences involving juveniles, except traffic offences when the juvenile is of licensable age * When suspects are under the influence of a drug or alcohol * When the offender has outstanding warrants

Answer 279

1) Marking premises or property in circumstances of aggravation 2) Graffiti Control Act s4(2) 3) Doli incapax as he is between 10 and 14

Answer 280

Failure to exercise reasonable care and skill A breach of duty and care

Answer 281

* Conducted at the station or RBT Bus, * After an arrest for a positive (standard breath test) or refused the breath test. * It is a breath **_analysis._**

Answer 282

**Summary Offences Act 1988 (NSW), Section 11C (1)** **11C Custody of knife in public place or school** (1) **A person** must not, **without reasonable excuse** (proof of which lies on the person), have in his or her custody a knife in a public place or a school. Maximum penalty: 20 penalty units or imprisonment for 2 years, or both. * The accused * With out a reasonable excuse * have in his or her custody a knife in a public place or a school.

Answer 283

Q. “Were you the driver of this vehicle, registration number \_\_\_\_\_, when it was involved in a crash on _______ Street/Road at ______ time today?”. A. The elements of, “driver,” “motor vehicle” and “road/road-related area” are able to be addressed with this one simple question. Q. “Can you tell me what happened?” A.

Answer 284

(a) anything made or adapted for use for causing injury to a person, or (b) anything intended, by the person having custody of the thing, to be used to injure or menace a person or damage property.

Answer 285

**False** unless listed as * **Psychoactive Substances** are listed in _[Schedule 9](https://www.legislation.gov.au/Details/F2020L00899/Html/Text#_Toc28084712)_ of the _[Poisons Standard (February 2021)](https://www.legislation.gov.au/Details/F2021C00098)_

Answer 286

* A cannabis plant cultivated: by enhanced indoor means or, by any other means * Any growing plant of the: Genus Erythroxylon species (cocaine) or, Papaver Somniferum/Orientale/ Bracteatum species (heroin) * Any growing plant of a description specified in an order in force under subsection (2).

Answer 287

(2) A direction given by a police officer under this section must be reasonable in the circumstances for the purpose of— (a) preventing injury or damage or reducing or eliminating a risk to public safety, or (b) preventing the continuance of disorderly behaviour in a public place. (3) The period during which a person may be directed not to return to a public place is not to exceed **_6 hours_** after the direction was given.

Answer 288

When searching a person for a knife Police must “suspect on reasonable grounds” that the person is in possession of a knife. Consider the T H I S principle: * Time, date and place * History of the person and location * Intelligence available * Situation in which the interaction is taking place

Answer 289

The ‘**Subjective Test’** and the other, the **‘Objective Test’**. **'Subjective' & 'Objective' tests** * The **‘Subjective Test’** is taken from the point of view of the victim, offender, or any other person involved in the incident. * The **‘Objective Test’**, also known as the Reasonable Third Person Test, is about the opinion of a reasonable third person who was not involved in the situation but who may have been a bystander and witnessed the incident. **OBJECTIVE TEST** **1.** Calculated to wound feelings, arouse anger or resentment or disgust or outrage of a reasonable person. **2.** Presence of reasonable person not necessary but ‘might be expected’. **3**. Location and circumstances should be considered.

Answer 290

Common Law

Answer 291

2 years They are summary offences, but have a unique statute of limitations Penalties: 4(1) = 4PU, 4(2) = 20PU + 12 months

Answer 292

No, only to require them to remove it It is an offence under 19B to fail to comply

Answer 293

* Warning * Caution * Youth Justice Conference

Answer 294

officer suspects on reasonable grounds that it is prudent to do so in order to ascertain whether the person is carrying anything— (a) that would present a danger to a person, or (b) that could be used to assist a person to escape from lawful custody, or (c) that is a thing with respect to which an offence has been committed, or (d) that is a thing that will provide evidence of the commission of an offence, or (e) that was used, or is intended to be used, in or in connection with the commission of an offence.

Answer 295

Indictable offences (both minor and serious) that may be tried/dealt with summarily.

Answer 296

List the different types of Liquor Licences Section 10 Liquor Act ## Footnote * hotel licence, * club licence, * small bar licence, * on-premises licence, * packaged liquor licence, * producer/wholesaler licence, * limited licence, * any other type of licence that is prescribed by the regulations.

Answer 297

**ingestion, injection and inhalation of a prohibited drug**, the smoking of a prohibited drug, the inhalation of fumes caused by the heating or burning of a prohibited drug and any other means of introducing a prohibited drug into any part of the body of a person.

Answer 298

* Novice Range PCA * Special Range PCA * Low Range PCA * Mid-Range PCA * High Range PCA * Refuse Breath Analysis * Wilfully Alter Concentration of Alcohol * Refuse/hinder blood sample (crash patients) * Any indictable (driving ) offence causing GBH * Any indictable (driving) offence causing death

Answer 299

Yes, Under LEPRA 203 A police officer who exercises a power to which this Part applies that consists of a direction, requirement or request must give a warning to the person subject to the exercise of the power that the person is required by law to comply with the direction, requirement or request.

Answer 300

* Cannabis, * Heroin, * Morphine/Pethidine, * Codeine, * Methadone, * Morphine/Pethidine

Answer 301

You must inform the driver that you are conducting a sobriety assessment * Driver must have been submitted to a roadside breath test in which the driver provided a negative result before an assessment of sobriety can be conducted. * Police must have a reasonable belief that the person may be under the influence of a drug other than alcohol. * The assessment of sobriety must be conducted at or near the place where the person underwent the breath test.

Answer 302

Possession of prohibited drugs * accused * had a prohibited drug * in his/her possession

Answer 303

(a) a firearm, a spare barrel for any such firearm, or any ammunition for any such firearm, or (b) a prohibited weapon within the meaning of the Weapons Prohibition Act 1998, or (c) a spear gun, or (d) an article or device, not being such a firearm, capable of discharging by any means— (i) any irritant matter in liquid, powder, gas or chemical form or any dense smoke, or (ii) any substance capable of causing bodily harm, or (e) a fuse capable of use with an explosive or a detonator, or (f) a detonator.

Answer 304

Empathy means walking in another’s shoes or showing an understanding of how another person feels. Sympathy involves adopting another person's feelings and emotions as your own. It could involve crying/showing emotion at a scene.

Answer 305

Possession = Knowledge **+** Control (*mens rea*) (*actus reus*) Existence & Nature Exclusive/ De-facto/Joint Existence = the fact that he knew the drugs were there **AND** Nature = the fact he knew the substance was a drug. Control = There must at least be de-facto control however there can be joint possession (only need one).

Answer 306

An ordinary person who would feel the same way

Answer 307

* If the driver has been admitted to or treated at a hospital where a blood sample is/has been taken and the doctor says 'no' * If it appears that, due to injury or illness, it would be dangerous to their condition/health * Any time after the expiration of 2 hours after the incident/collision which brought the driver under notice * At that person's place of abode.

Answer 308

• The term “road trauma” is used to describe both the physical and mental injuries resulting from an event involving a transport crash, to those involved both directly and indirectly.

Answer 309

The court date for an FSCAN must be? ## Footnote •The court date can be no less than 6 weeks and not more than 22 weeks in the future from the time the FSCAN was created

Answer 310

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 that?

Answer 311

* Power of arrest comes from the Road Transport Act 2013 (NSW), Clause 14 * The driver is under arrest for the PURPOSE OF OBTAINING A **_BLOOD AND URINE**_ SAMPLE; after having _**failed or refused_** an assessment of sobriety * Both blood & urine must be obtained within **_4_** hours of the incident.

Answer 312

The story – include history What they said (use quotes) What part of the s22 form you used to detain them The risk

Answer 313

Protection of the Environment Operations Act 1997 (NSW) offensive noise means noise— (a) that, by reason of its level, nature, character or quality, or the time at which it is made, or any other circumstances— (i) is harmful to (or is likely to be harmful to) a person who is outside the premises from which it is emitted, or (ii) interferes unreasonably with (or is likely to interfere unreasonably with) the comfort or repose of a person who is outside the premises from which it is emitted, or (b) that is of a level, nature, character or quality prescribed by the regulations or that is made at a time, or in other circumstances, prescribed by the regulations.

Answer 314

2 to less than 5 years

Answer 315

B) Table 1 indictable

Answer 316

(2) The police officer must inform the person to be searched of the following matters— (a) whether the person will be required to **remove clothing during the search,** (b) **why it is necessary to remove the clothing.** • (3) The police officer must ask for the person’s **co-operation.** (4) The police officer must conduct the search— (a) in a way that provides **reasonable privacy** for the person searched, and (b) as quickly as is reasonably practicable. (5) The police officer must conduct the least invasive kind of search practicable in the circumstances. (6) The police officer must not search the genital area of the person searched, or in the case of female or a transgender person who identifies as a female, the person’s breasts unless the police officer suspects on reasonable grounds that it is necessary to do so for the purposes of the search. (7) A search must be conducted by a police officer of the **same sex** as the person searched.

Answer 317

Section 11(1A & 1B) states that this does not include hypodermic needles (or syringes)

Answer 318

* Prescribed means prescribed by this Act or by the Regulations * Restricted substance means any substance specified in Schedule Four of the Poisons List

Answer 319

Section 76 of the RTA

Answer 320

(a) an area that divides a road, or (b) a footpath or nature strip adjacent to a road, or (c) an area that is open to the public and is designated for use by cyclists or animals, or (d) an area that is not a road and that is open to or used by the public for driving, riding or parking vehicles, or (e) a shoulder of a road, or (f) any other area that is open to or used by the public and that has been declared under section 18 to be an area to which specified provisions of this Act or the statutory rules apply.

Answer 321

* Arrest for an offence * Arrest by virtue of a warrant * Arrest for breach of the peace (common law) * Arrest by virtue of a specific power other than LEPRA

Answer 322

S. 105 LEPRA

Answer 323

False The limit is 7 days

Answer 324

No. You are justified when: they have tried to escape, or to prevent escape, or to prevent injury to themselves or others

Answer 325

“Colloquially it refers to information gathered by word of mouth rather than in writing or by experience, usually with the implication that it may be unreliable.” (Burnside, 2007).

Answer 326

* Any force when none is needed. * More force than is needed. * Any level of force continuing after the threat has been removed. * Knowingly wrongful use of force. Well-intentioned mistakes which result in undesired use of force

Answer 327

Self-administration of prohibited drugs * accused * administered or attempted to administer to him/herself * a prohibited drug

Answer 328

* Sell, distribute, agreeing to supply, offering to supply, keeping or having in possession for supply. * Sending, forwarding, delivering or receiving for supply. * Authorising, directing, causing, suffering, permitting or attempting any of those acts or things.

Answer 329

You must have some basis, reasonable grounds, for making such a request. You will need to submit a report (via your COPS event) that indicates your reasonable suspicion and the type of drug suspected.

Answer 330

A mental disorder may be temporary, or just a disturbance brought about by a specific incident, and may pass. Mental illness is a diagnosed medical condition.

Answer 331

A person intentionally marks the premises/property: a) by means of any graffiti implement b) in such a manner that the mark is not readily removable by wiping or by use of water or detergent

Answer 332

The process of extracting or refining the prohibited drug..

Answer 333

**[*Summary Offences Act 1988* (NSW), Section 3](https://www.legislation.nsw.gov.au/#/view/act/1988/25/part1/sec3)** **3 Definitions** knife includes: (a) a knife blade, or (b) a razor blade, or (c) any other blade, but does not include anything that is of a class or description declared by the regulations to be excluded from this definition.

Answer 334

* Invitation by lawful occupier * Consent given in writing * Prevent breach of the peace * To arrest/detain (s. 10 LEPRA) Unbroken pursuit of offender * Implied right to front door * To execute crime scene/other warrant

Answer 335

S – Stop T – Think O – Observe P – Plan A – Act R - Review

Answer 336

Aim of CIN ## Footnote * To provide an alternative legal process to arrest * To allow police to deal with suspects ‘on the spot’ * To free up police from spending time at the station doing paperwork * To reduce police attending court for minor matters.

Answer 337

**Wilfully** means that the act is done deliberately and intentionally, not by accident, or inadvertence, but so that the mind of the person who does the act goes with it – R v Senior (1899). **Obscenely** means offensive to modesty or decency, indecent, inciting to lust or sexual depravity, lewd. His/Her Person * Case law defines the term “his or her person” as meaning “**_genitalia_**”. * Exposure of buttocks or breasts **do not** fall into this category (generally Offensive Conduct). * It is NOT an offence for breast feeding mothers to breast feed in public.

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