Session One Law Policy Flashcards
Peter is 16. He is in possession of a half-full bottle of beer, and you witness him throw up on the footpath. He appears seriously affected by alcohol
1) Has Peter committed an offence?
2) Can you take action under the Young Offenders Act?
1) Yes. Under the Summary Offences Act s11
2) Yes, but use your discretion.
What is the wording of the warning you will give when required as per S. 203 LEPRA?
You are required by law to comply with…
What is the term for 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.” Barrington v Austin (1939)
To whom is a licence stamped diplomat issued to
Diplomatic staff and dependants. *Admin & technical staff get privileged stamped*
When should you create an intelligence report?
When there are people, vehicles, businesses, locations, etc. and you have information about their possible links to crime and/or public safety
Do you have the power to search mentally ill persons?
Yes, under s81(4) of the Mental Health Act. Note: the test and limits to the types of search permissible is also outlined here
Power of arrest for blood and urine assessment if the driver fails a sobriety assessment
- 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 If refuse or fail to supply blood and urine sample, issue with a CAN.
What are the reasons to seize liquor?
Summary Offences Regulation 2020 (NSW), Clause 4
Reasons for seizure
(a) is under the age of 18 years, and
(b) is not under the supervision of a responsible adult, and
(c) does not have a reasonable excuse for possessing the liquor.
Who can elect for a Table 1 indictable offence to be heard in a higher (i.e. district or supreme) court?
Prosecutor or Defence
198 Move on directions to intoxicated persons in public places
(5) For the purposes of this section, a person is intoxicated if—
(a) the person’s ________, _________, _____________ or behaviour is noticeably affected, and
(b) it is reasonable in the circumstances to believe that the affected ______, _______, _____________ or behaviour is the result of the consumption of alcohol or any drug.
(5) For the purposes of this section, a person is intoxicated if—
(a) the person’s speech, 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 alcohol or any drug.
What is the definition of a Psychoactive Substance?
Any substance (other than a substance to which this Part does not apply) that, when consumed by a person, has the capacity to induce a psychoactive effect.
What are the options for a driver to dispose of a ticket?
Pay
Nominate another driver
Request a review
Take to court
The vision statement from the NSWPF is to create a safe and secure NSW free from alcohol-related crime.
To achieve this the NSWPF has identified four corporate areas of strategic focus on
- ___________
- ___________
- ___________
- ___________
- Prevention,
- Disruption,
- Response and
- Capability.
What is a summary offence?
Attracts less than 2 years imprisonment Tried at local court only
S. 10 DMTA 1985 – Possession of prohibited drugs:
- The accused
- Had in their possession
- A prohibited drug
– *MUST* prove knowledge (Mens Rea) + at least defacto control (Actus Reus)
What are the elements of traffic offences?
Driver/rider
Motor vehicle
Road/road related area
Elements of the specific offence.
What is Breath Analysis
- Conducted at the station or RBT Bus,
- After an arrest for a positive (standard breath test) or refused the breath test.
Why do police actively target traffic offenders?
To modify unsafe driving behaviours and habits that contribute to road trauma.
So, what do police do when conducting a business inspection (also known as a walk-through) at licensed premises?
- Inspect the liquor licence (person in charge must produce the current licence on request). Note any special conditions listed to ensure they are complying with it (for example, may have to have security on certain nights, use plastic glasses after a certain time, curfew may apply – no entry after certain hours etc.).
- Speak with the licensee or duty manager, and obtain their details, as this is required for the COPS event. Ask if there have been any issues, etc. If there have been, you may wish to request to see their incident register (see Liquor Act 2007 (NSW), Section 56).
Explain the role of police in reducing road trauma, with emphasis on how general duties policing fits in this role
- Reduce crashes through a highly visible profile
- Promote voluntary road user compliance with traffic laws
- Detect and prosecute traffic offenders
- Promote the free movement of vehicles and pedestrians
- Be role models to the community through exemplary driving
Definitions S. 3 DMTA 1985 “Cannabis Plant”:
Means any growing plant of the genus Cannabis (roots attached).
S. 23 DMTA 1985 –The elements of offences with respect to prohibited plants:
- The accused
- Cultivates, supplies or has in their possession
- A prohibited plant
While walking through a licenced premise what information is to be completed in the COPS event?
- Time and date of walk through
- Number of patrons
- Security personnel present (how many, and if their ID was displayed)
- Entertainment (yes/no, description and the noise level outside)
- CCTV (if it was operational)
- Was any food available (describe)
- Other (promotions, gambling, drinking games, etc.)
- Any breaches detected (details). Create separate incident if this occurs.
What are the three types of possession as per Drug Misuse and Trafficking Act 1985 (NSW), Section 7?
- Exclusive (sole) possession
The person has physical charge of an item
- De-facto possession
A person can have de-facto possession when they place the item somewhere where another person may find it accidentally.
- Joint possession
This involves an agreement between two or more persons acting in concert to stop all others from taking part in, or being involved in, the custody of the item.
What are the requirements of a driver under Road Rules 2014 (NSW), Rule 287
- 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.
What is the initial information required for a notebook when attending a car cash?
- Date, place, time of the crash – TOC
- Time of arrival at crash – TOA
Liquor Act 2007 (NSW) 118(1) Offences relating to consumption etc of liquor by minor
(1) Minor not to obtain, consume or carry away liquor
A minor must not—
(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.
What is an offensive immplamint?
(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.
What is the standard of proof for criminal offences?
- Beyond a reasonable doubt
- Burden of proof is on the prosecutor Evidence Act
Which FCAN Copies go where?
- (yellow) _________________
- (Blue) _________________
- (white)_____________________
- Defendant copy (yellow) of FCAN to defendant
- Blue copy is retained in book
- Service copy (white) of FCAN to the court
Is the offence of destroy/damage property summary or indictable?
Indictable Is it minor/serious/strictly indictable? Serious (>5 years) Is it table 1 or 2? Depends on the damage ($5000 = table 1)
What can you search fot under LEPRA 2002 s.21 Power to search persons and seize and detain things without warrant?
(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.
Under the Gaming and Liquor Administration Act 2007 (NSW) S.4 what premise can I enter?
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.
What are the service options of FSCAN for indictable offences?
- _____________________
- _______________________________________________________________________________________________________________
- _____________________
What are the service options of FSCAN for indictable offences?
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.
How can a child be delt with under the Young Offenders Act
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)
Caution someone once you:
- ___________________________________, or
- ___________________________________, or
- ___________________________________, or
- _____________________________________.
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.
Where do you find the definition of a prohibited drug ?
*Drug Misuse and Trafficking Act 1985* (NSW), Section 3
3 Definitions
prohibited drug means any substance, other than a prohibited plant, specified in Schedule 1.
Psychoactive Substances are listed in ________\_of the ________________________\_
Psychoactive Substances are listed in Schedule 9** of the **Poisons Standard (February 2021)
What are the elements for OFFENSIVE LANGUAGE Summary Offences Act 1988 (NSW), Section 4a(1)?
1.
2.
3.
- the accused
- used offensive language
- in or near, or within hearing from, a public place or a school
What three criteria for determinations classification as either Major or Minor crash?
- Was any person killed or injured?
- Did any of the drivers leave the scene without providing their details (in accordance with Road Rules 2014 (NSW), Rule 287)?
- Was any driver involved under the influence of alcohol or other drugs?
Fill in the blanks
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 _______ on ___________ 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 ______ or otherwise ________ _________,
(b) the vehicle is being, or was, or may have been, used in or in connection with the ____________ __ _ _________,
(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 _______ ____ __ ______ 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 ______ in the vehicle has in his or her possession or under his or her control, a ________ ____ or ________ ____ 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.
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.
Negligence occurs when an action was
Foreseeable Not insignificant In the circumstances, a reasonable person in that person’s position would have taken those precautions
The driver of a tow truck must carry and produce on-demand to police the following…….
- 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)
Where do the 5 parts of a vehicle defect notice go?
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
List the Elements of Offensive Conduct Section 4(1) Summary Offences Act 1988 (NSW)
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
How many times can a person’s detention be extended on a warrant?
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.
How many FPNs can you issue at one time for traffic offences
4 What are the exceptions? Unregistered/uninsured count as 1, and not produce licence does not count at all
What are the elements for OFFENSIVE CONDUCT Summary Offences Act 1988 (NSW), Section 4(1)?
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
A person does not conduct himself or herself in an offensive manner as referred to in subsection (1) merely by using offensive language.
What is the statute of limitations for a summary offence?
6 months
What power have you used to search the person for a Prescribed Restricted Substances
Poisons and Therapeutic Goods Act 1966 (NSW), Section 43B
What are New South Wales Police Force protocols and policies for engaging with Aboriginal and Torres Strait Islander people
- Aboriginal Strategic Direction 2018-2020
- Aboriginal Employment Strategy
What does section 22 of the Mental Health Act enable you to do?
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.
What principle do we use to get reasonable suspicion?
T - Time
H - History
I - Intelligence
S - Situation
Liquor Act 2007 (NSW), Section 4
4 Definitions
liquor means—
(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.
What is the concept of possession?
“Possession is a deceptively simple concept. It denotes a physical 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.”
What must you do before seizing someone offensive noise-emitting equipment?
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
Defenition of negligent driving
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
Under what section can you search for Prescribed Restricted Substances
Poisons and Therapeutic Goods Act 1966 (NSW), Section 43B
Once evidence is determined to be admissible, what are 3 more tests it must go through before the matter can go to trial?
- Prima Facie
- Sufficiency test
- Public interest
What do you need for an arrest to be lawful?
- Sanctioned by law Sufficient act of arrest
- Safeguards in place
Definitions S. 3 DMTA 1985 “Cultivate”:
- Sow/scatter the seed produced by the plant or,
- Plant, grow, tend, nurture or,
- Harvest the plant.
List the criteria to detain an Intoxicated Person
Section 206 LEPRA
A police officer may detain an intoxicated person found in a public place who is—
(a) ___________________________________________________________________________, or
(b) _____________________________________________________________________________.
List the criteria to detain an Intoxicated Person
Section 206 LEPRA
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.
What does the POLICE mnemonic stand for?
P – Policy and Procedure
O – Officer and Public Safety
L – Legislation
I – Investigation
C – Customer Service
E – Ethical Decision Making
What does LEPRA s.9 allow you to do?
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
What are some relevant observations when conducting a sobriety assessment?
- The ________________ on the breath
- Colour of the ____ – sallow pallor, flushed, etc.
- _____ - needle marks, sweating, etc.
- ______ – dishevelled, etc.
- ______ – talkative, indifferent, etc.
- Actions
- _____ – bloodshot, watery, etc.
- _____ – slurred, fast, incoherent, etc.
- ______ – 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.
- __________ – need for support, etc.
- 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.
Do not issue a penalty notice, but consider a Future Service CAN, in the following circumstances:
(There eight of them)
- 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.
What are the 2 sources of law in NSW?
Common Law
Statute Law
What does prima facie mean?
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.
True or false: Homosexuality was an offence in NSW until 2008
False. It was decriminalised in 1984.
What are the Illicit drugs that three groups of drugs that pharmacological effects on the body:
- Stimulants
- Depressants
- Hallucinogens
What is Harm Minimisation for drug use?
- 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.
What are the 5 E’s of Road Safety Management?
Education
Engineering
Encouragement
Enforcement
Evaluation
The most commonly used for police is enforcement The least commonly used for police is encouragement
Explain what is meant by Proximate and Distal Causes of Crime?
- Proximate causes: immediately precede criminal behaviour
- Distal causes: are much more remote, for example, economic stress in childhood
Complete the Following Criteria
Section 11 C (2) (a)
Summary Offences Act 1988 (NSW)
Reasonable excuse for the custody of a knife:
- (i) __________________________________________________
- (ii) the preparation or consumption of food or drink,
- (iii) __________________________________________________,
- (iv) the exhibition of knives for retail or other trade purposes,
- (v) __________________________________________________,
- (vi) __________________________________________________,
- (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),
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),
Fill in the blankss133 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 _______, the particulars may include the person’s photograph, finger-prints and palm-prints.
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.
List the Elements of Custody of a Knife
- The accused,
- ___________________________________,
- ___________________________________
- ___________________________________.
- The accused,
- without reasonable excuse,
- had in his or her custody a knife
- in a public place or a school.
Section 177 of the Road Transport Act allows you to:
A) Require the driver to produce identification
B) Require the owner to disclose the identity of the driver
C) Require the passenger(s) to produce identification
D) Pull over a vehicle to enable your use of relevant powers
B) Require the owner to disclose the identity of the driver
According to Clause 28 LEPRR, who are vulnerable people in custody
(a) children,
(b) impaired intellectual functioning,
(c) impaired physical functioning,
(d) Aboriginal persons or Torres Strait Islanders,
(e) non-English speaking background (CALD)
S. 12 DMTA 1985 –The elements of self administration of prohibited drugs:
The accused
Administered to him/herself or,
Attempted to administer
A prohibited drug
What is the maximum investigation period for a person under arrest?
6 hours
A warrant can extend this by up to another 6 hours
What is the age limit to breath testing?
No age limit.
What is the psychoactive effect, in relation to a person who is consuming or has consumed a psychoactive substance?
- 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.
What are your safeguards under S. 202 LEPRA?
(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)
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 _______ the driver before asking any questions, otherwise the driver’s answers will not be admissible as evidence in any possible Court hearing.
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.
How does the offence of Lewdness occur?
A Common Law offence that involves exposure from private place to private place and NOT visible from a public place
Discontinue Arrest
Section 105 LEPRA
(1) When can a police officer discontinue an arrest?
(2) In what circumstances can a police officer discontinue an arrest?
(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.
(a) the custody of a knife is reasonably necessary in all the circumstances for any of the following:
- The lawful pursuit_______________________________
- The preparation ________________________________
- Participation in a lawful ___________________________
- The exhibition of knives for ________________________
- An organised exhibition ___________________________
- The wearing of an ________________________________
- Genuine religious purposes, or
The issue of carrying a knife for ______________ relates to recognised ______. The Sikh kirpan ceremonial dagger is one of the few ________ knives allowed.
- 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.
What is a graffiti implement?
(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.
Explain the Following
- Offensive language =
- Offensive conduct =
- Offensive language WORDS ALONE must be spoken
- Offensive conduct can include words as well as actions offensive placards – signs- T-shirts etc.
Custody of a knife in a public place or school
Summary Offences Act 1988 (NSW), Section 11C
Fill in the blanks
(1) A person must not, without _________ ________ (proof of which lies on the person), have in ________________ a ________ in a _________________________.
(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 school.
Why would we deal differently with a young offender when they have committed the same offences as an adult?
- To keep youth out the criminal justice system
- To reduce the chances of reoffending
When a blood sample is taken from a driver at the hospital it is only tested for alcohol. You must satisfy the following criteria to have the sample tested for drugs.
What do you do to get it tested for drugs?
- 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)
Can you issue a ticket to emergency services on urgent duty?
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
Fill in the blanks Aboriginal person means a person who:
- Is a member of the Aboriginal race of Australia
- _________________________________
- Is accepted by the Aboriginal community as an Aboriginal person
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
S. 25 DMTA 1985 –The elements of supply of prohibited drugs:
- The accused
- Supplied or,
- Knowingly takes part in the supply of
- A prohibited drug - Indictable drug offence.
LEPRA, 2002 Section 197 Directions generally relating to public places subsection (1) defines relevant conduct as; (FILL IN THE GAPS)
(a) obstructing another person or persons or traffic, or
(b) _____________________________________________________, or
(c) _______________________________________________________, 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) _____________________________________________________________.
(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
What is the justification for the use of Batons?
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.
S. 40 DMTA 1985 – Effect of certain representations:
- 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.
Complete the definition of Liquor
Section 4 Liquor Act
A beverage which, at ______, contains more than ____________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 ________ or ________, or
(c) any other substance prescribed by the _____________ as liquor.
Complete the definition of Liquor
Section 4 Liquor Act
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.
What class of licence do motorcycle riders need to have?
Class R
Upon arrest, where does your power for use of force come from?
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
What is your power of arrest for the purpose of a Breath Analysis?
Road Transport Act 2013 Schedule 3 Part 2 Division __ Section __
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.
What is strict liability?
Needs only actus reus (e.g. traffic)
Is it an offence for parents to allow there children to carry knives?
Summary Offences Act 1988(NSW), Section 11D(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.
S. 4 DMTA 1985 – Admixtures:
Total weight considered to be weight of the drug, not the actual amount of the active component in the drug.
What are examples of stimulants:
- Ecstasy
- Speed
- Ice
- Cocaine
S.What are the 3 tests that evidence must go through to be admissible?
Relevant (s.55 evidence act)
Reliable (s.165 evidence act)
Fair (S.135 evidence act)
S. 11 DMTA 1985 –The elements of possession of equipment for administration of prohibited drugs:
- 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
What is the age that limit for selling a knife to a child? and what section?
Summary OffencesAct 1988 (NSW), Section 11F(1)
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
Complete the sentences
Section 11 LEPRA
- (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 __________ because the person was at or near the place where the alleged _________ occurred, whether __________________ 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 ____________________to the person in accordance with Part 14 for the person to _______________.
- Note: Safeguards relating to the exercise of power under this section are set out in Part 15.
(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.
What are the 4 types of defect notices?
- Warning (no label)
- Minor defects (may attach yellow label)
- Major defects (yellow)
- Major grounded (red)
What power does S. 175 of the Road Transport Act give you?
The power to require a driver to produce their Australian Drivers Licence, state their name, and state their address
What is the meaning of Subjective and 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.
What is the time limit to breath test a driver hours after the incident/collision which brought the driver under notice
2Hrs
Who can Police breath test?
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.
Give examples of hallucinogens
- LSD
- Magic Mushrooms (Psilocybin)
- PCP (Phencyclidine)
- Ketamine
- Mescaline
What does Road Rules 2014 (NSW), Rule 287 require?
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
What is the minimum acceptable standard for damage regarding damaging property?
Temporary functional derangement. This means the thing cannot be used for the function for which is was originally intended for a short time
Schedule 3 Testing for alcohol and drug use
Division 5 Sobriety assessments and related drug analysis
13
14
15
13 Police officer may require sobriety assessment
14 Arrest following failure to submit to (or pass) sobriety assessment
15 Taking samples following arrest
What legislation deals with minors in possession of alcohol?
Summary Offences Act s11
if the person publishes or displays in any manner, way, medium or form any advertisement for psychoactive substances what offence have they commented?
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.
Complete the following sentences
Section 21 LEPRA
(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 _________________________________________,
(b) the person has in his or her possession or under his or her control anything ______________________________________________________________________________offence,
(c) the person has in his or her possession or under his or her control in a _______________________________________________________________________________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 _____________________________________________, and
(b) all or part of a thing that the police officer suspects on reasonable grounds may _________________________________________________________________________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.
(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.
What do stimulants do to the body?
Stimulants are drugs that stimulate the brain and central nervous system, speeding up communication between the two. They usually increase alertness and physical activity.
An informant has called the police at midnight with a noise complaint. Their neighbour is having a party and has their music up loud. You arrive and the occupiers will not open the door, yet you can still hear the music blaring and see people inside. Someone yells out the window “Go away pigs. It’s my house, I can do what I want”. What would your next step be?
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
Gaming and Liquor Administration Act 2007 (NSW), Section 24
24 Power to enter premises what reasons can I enter?
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 functions of an inspector under the gaming and liquor legislation,
(d) generally for administering the gaming and liquor legislation and promoting its objects.
List the criteria of relevant conduct under Section 198(LEPRA)
(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)—
(a)
(b)
(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)—
(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.
A Penalty Notice has a Part A, B & C where do they get issued?
- 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)
What are 4 different kinds of sections contained in an Act?
Definition sections
Offence creating sections
Powers sections
Procedural sections
What is an arrest?
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
Would you issue a defect notice for lost/damaged plates?
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.
# Fill in the Blanks Person Searches Section 30 LEPRA
- In conducting the search of a person, a police officer may—
- (a) quickly run his or her __________________________, and
- (b) require the person to ______ his or her _______________________________________________________ (but not, except in the case of a strip search, all of the person’s clothes), and
- (c) ________________________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
Person Searches
Section 30 LEPRA
- 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
Rose Bush is having an argument with her neighbour Doug Grave. She decides to exact ‘revenge’ by running her key around all sides and the roof of his vehicle. This causes extensive damage to the paintwork of Doug’s car, a blue Hyundai Sonata, NSW registration SYD867. Doug spends $6,500 in repairs to the paintwork over the entire vehicle. When Doug reviews his home security CCTV footage, he sees footage depicting Rose to be the person who caused the damage to his vehicle and contacts the police. After taking a report from Doug and viewing the footage, the police go over to speak to rose. After sighting her drivers licence to verify her ID, she is cautioned and the allegation is put to her. She states “yeah, I did it, but he totally deserved it. The guy’s a tool”.
- What offence has been committed?
- What are the elements of the offence?
- What evidence in the scenario supports the elements?
- Is this offence a table 1 or table 2 offence?
- 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.
- Table 1 – the damage is more than $5,000.
What is the self-enforcing FPN (SEINS) designed to do?
Free up the court system
- Self
- Enforcing
- Infringement
- Notice
- Scheme
What is the time limit for testing blood for a DUI (CRASH)
- 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.
CRIMES ACT (1900) DRIVING OFFENCES
- Section 51A ___________ Driving
- Section 52A ________________ Occasioning Death or GBH
Circumstances of Aggravation for Section 52A:
At the time of the impact:
- The prescribed concentration of alcohol ______ was present in the accused’s blood, OR
- The accused was driving on a road at _______________ over the applicable speed limit, OR
- The accused was driving the vehicle to ____________ by a police officer, OR
- The accused’s ability to drive was very substantially impaired by being under the influence of a ________________________________________________________________________.
These offences are ___ restricted to driving on a road
- 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
Who can police breath test under Road Transport Act 2013 No 18 Schedule 3 Part 2 Division 3?
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.
What are the Mental Health MOU key stake holders?
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
How does the Young Offenders Act 1997 (NSW) define a child?
“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**.
Cannabis Caution Criteria – (USCAN CAPTION):
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
The detained intoxicated person may be taken to and detained in an authorised place of detention if:
- 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.
What is the difference between primary and secondary victims?
Primary: Directly affected
Secondary: Indirectly affected *victims are defined in S.5 of the Victims Rights and Support Act*
S. 6 DMTA 1985 – Take Part In:
- 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.
List the criteria for relevant conduct under Section 197 (LEPRA)
(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)
(b)
(c)
(d)
(e)
- (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 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.
Negligent driving
Driving at a speed/manner dangerous
Road Transport Act, Section ___
A person must not:
- _____ a _________ vehicle
- Upon a ____________________
- ___________, or
- At a _____ or in a _______________ to the public
Road Transport Act, Section 117
A person must not:
- Drive a motor vehicle
- Upon a road or road related area
- NEGLIGENTLY, or
- At a SPEED** or in a **MANNER DANGEROUS to the public
What are three basic components in every motor vehicle crash
- The driver/s
- The vehicles/s
- The road environment/conditions
List 7 Offences For which a CIN can be Issued
OFFENCES FOR CIN’s
- Larceny (value under $300)
- Goods in custody
- Offensive language
- Offensive Behaviour
- Obstruct person/vehicle/vessel in public place
- Enter vehicle or boat without consent of owner/occupier
- Continuation intoxicated behaviour after move on direction
True or false: Police can issue both an FPN for ‘use vehicle not comply’ and a defect notice
True
True or false: You can pull over a diplomat and subject them to a RBT
True