Session One Law Policy

Question 1

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?

Answer 1

1) Yes. Under the Summary Offences Act s11
2) Yes, but use your discretion.

Question 2

What is the wording of the warning you will give when required as per S. 203 LEPRA?

Answer 2

You are required by law to comply with…

Question 3

What is the term for disorderly

Answer 3

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)

Question 4

To whom is a licence stamped diplomat issued to

Answer 4

Diplomatic staff and dependants. *Admin & technical staff get privileged stamped*

Question 5

When should you create an intelligence report?

Answer 5

When there are people, vehicles, businesses, locations, etc. and you have information about their possible links to crime and/or public safety

Question 6

Do you have the power to search mentally ill persons?

Answer 6

Yes, under s81(4) of the Mental Health Act. Note: the test and limits to the types of search permissible is also outlined here

Question 7

Power of arrest for blood and urine assessment if the driver fails a sobriety assessment

Answer 7

• 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.

Question 8

What are the reasons to seize liquor?

Answer 8

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.

Question 9

Who can elect for a Table 1 indictable offence to be heard in a higher (i.e. district or supreme) court?

Answer 9

Prosecutor or Defence

Question 10

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.

Answer 10

(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.

Question 11

What is the definition of a Psychoactive Substance?

Answer 11

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.

Question 12

What are the options for a driver to dispose of a ticket?

Answer 12

Pay

Nominate another driver

Request a review

Take to court

Question 13

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

• ___________
• ___________
• ___________
• ___________

Answer 13

• Prevention,
• Disruption,
• Response and
• Capability.

Question 14

What is a summary offence?

Answer 14

Attracts less than 2 years imprisonment Tried at local court only

Question 15

S. 10 DMTA 1985 – Possession of prohibited drugs:

Answer 15

• The accused
• Had in their possession
• A prohibited drug

– *MUST* prove knowledge (Mens Rea) + at least defacto control (Actus Reus)

Question 16

What are the elements of traffic offences?

Answer 16

Driver/rider

Motor vehicle

Road/road related area

Elements of the specific offence.

Question 17

What is Breath Analysis

Answer 17

• Conducted at the station or RBT Bus,
• After an arrest for a positive (standard breath test) or refused the breath test.

Question 18

Why do police actively target traffic offenders?

Answer 18

To modify unsafe driving behaviours and habits that contribute to road trauma.

Question 19

So, what do police do when conducting a business inspection (also known as a walk-through) at licensed premises?

Answer 19

• 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).

Question 20

Explain the role of police in reducing road trauma, with emphasis on how general duties policing fits in this role

Answer 20

• 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

Question 21

Definitions S. 3 DMTA 1985 “Cannabis Plant”:

Answer 21

Means any growing plant of the genus Cannabis (roots attached).

Question 22

S. 23 DMTA 1985 –The elements of offences with respect to prohibited plants:

Answer 22

• The accused
• Cultivates, supplies or has in their possession
• A prohibited plant

Question 23

While walking through a licenced premise what information is to be completed in the COPS event?

Answer 23

• ^{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.}

Question 24

What are the three types of possession as per Drug Misuse and Trafficking Act 1985 (NSW), Section 7?

Answer 24

• 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.

Question 25

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

Answer 25

• 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.

Question 26

What is the initial information required for a notebook when attending a car cash?

Answer 26

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

Question 27

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—

Answer 27

(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.

Question 28

What is an offensive immplamint?

Answer 28

(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.

Question 29

What is the standard of proof for criminal offences?

Answer 29

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

Question 30

Which FCAN Copies go where?

• (yellow) _________________
• (Blue) _________________
• (white)_____________________

Answer 30

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

Question 31

Is the offence of destroy/damage property summary or indictable?

Answer 31

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

Question 32

What can you search fot under LEPRA 2002 s.21 Power to search persons and seize and detain things without warrant?

Answer 32

(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.

Question 33

Under the Gaming and Liquor Administration Act 2007 (NSW) S.4 what premise can I enter?

Answer 33

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.

Question 34

What are the service options of FSCAN for indictable offences?

• _____________________
• _______________________________________________________________________________________________________________
• _____________________

Answer 34

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.

Question 35

How can a child be delt with under the Young Offenders Act

Answer 35

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)

Question 36

Caution someone once you:

• ___________________________________, or
• ___________________________________, or
• ___________________________________, or
• _____________________________________.

Answer 36

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.

Question 37

Where do you find the definition of a prohibited drug ?

Answer 37

*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.

Question 38

Psychoactive Substances are listed in ________\_of the ________________________\_

Answer 38

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

Question 39

What are the elements for OFFENSIVE LANGUAGE Summary Offences Act 1988 (NSW), Section 4a(1)?

1.

2.

3.

Answer 39

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

Question 40

What three criteria for determinations classification as either Major or Minor crash?

Answer 40

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?

Question 41

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.

Answer 41

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.

Question 42

Negligence occurs when an action was

Answer 42

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

Question 43

The driver of a tow truck must carry and produce on-demand to police the following…….

Answer 43

• 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)

Question 44

Where do the 5 parts of a vehicle defect notice go?

Answer 44

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

Question 45

List the Elements of Offensive Conduct
Section 4(1) Summary Offences Act 1988 (NSW)

Answer 45

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

Question 46

How many times can a person’s detention be extended on a warrant?

Answer 46

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.

Question 47

How many FPNs can you issue at one time for traffic offences

Answer 47

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

Question 48

What are the elements for OFFENSIVE CONDUCT Summary Offences Act 1988 (NSW), Section 4(1)?

Answer 48

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.

Question 49

What is the statute of limitations for a summary offence?

Answer 49

6 months

Question 50

What power have you used to search the person for a Prescribed Restricted Substances

Answer 50

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

Question 51

What are New South Wales Police Force protocols and policies for engaging with Aboriginal and Torres Strait Islander people

Answer 51

• Aboriginal Strategic Direction 2018-2020
• Aboriginal Employment Strategy

Question 52

What does section 22 of the Mental Health Act enable you to do?

Answer 52

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.

Question 53

What principle do we use to get reasonable suspicion?

Answer 53

T - Time

H - History

I - Intelligence

S - Situation

Question 54

Liquor Act 2007 (NSW), Section 4

4 Definitions

liquor means—

Answer 54

(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.

Question 55

What is the concept of possession?

Answer 55

“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.”

Question 56

What must you do before seizing someone offensive noise-emitting equipment?

Answer 56

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

Question 57

Defenition of negligent driving

Answer 57

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

Question 58

Under what section can you search for Prescribed Restricted Substances

Answer 58

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

Question 59

Once evidence is determined to be admissible, what are 3 more tests it must go through before the matter can go to trial?

Answer 59

• Prima Facie
• Sufficiency test
• Public interest

Question 60

What do you need for an arrest to be lawful?

Answer 60

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

Question 61

Definitions S. 3 DMTA 1985 “Cultivate”:

Answer 61

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

Question 62

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) _____________________________________________________________________________.

Answer 62

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.

Question 63

What does the POLICE mnemonic stand for?

Answer 63

P – Policy and Procedure

O – Officer and Public Safety

L – Legislation

I – Investigation

C – Customer Service

E – Ethical Decision Making

Question 64

What does LEPRA s.9 allow you to do?

Answer 64

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

Question 65

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.

Answer 65

• 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.

Question 66

Do not issue a penalty notice, but consider a Future Service CAN, in the following circumstances:

(There eight of them)

Answer 66

• 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.

Question 67

What are the 2 sources of law in NSW?

Answer 67

Common Law

Statute Law

Question 68

What does prima facie mean?

Answer 68

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.

Question 69

True or false: Homosexuality was an offence in NSW until 2008

Answer 69

False. It was decriminalised in 1984.

Question 70

What are the Illicit drugs that three groups of drugs that pharmacological effects on the body:

Answer 70

1. Stimulants
2. Depressants
3. Hallucinogens

Question 71

What is Harm Minimisation for drug use?

Answer 71

• 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.

Question 72

What are the 5 E’s of Road Safety Management?

Answer 72

Education

Engineering

Encouragement

Enforcement

Evaluation

The most commonly used for police is enforcement The least commonly used for police is encouragement

Question 73

Explain what is meant by Proximate and Distal Causes of Crime?

Answer 73

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

Question 74

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),

Answer 74

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),

Question 75

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.

Answer 75

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.

Question 76

List the Elements of Custody of a Knife

• The accused,
• ___________________________________,
• ___________________________________
• ___________________________________.

Answer 76

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

Question 77

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

Answer 77

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

Question 78

According to Clause 28 LEPRR, who are vulnerable people in custody

Answer 78

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

Question 79

S. 12 DMTA 1985 –The elements of self administration of prohibited drugs:

Answer 79

The accused

Administered to him/herself or,

Attempted to administer

A prohibited drug

Question 80

What is the maximum investigation period for a person under arrest?

Answer 80

6 hours

A warrant can extend this by up to another 6 hours

Question 81

What is the age limit to breath testing?

Answer 81

No age limit.

Question 82

What is the psychoactive effect, in relation to a person who is consuming or has consumed a psychoactive substance?

Answer 82

• 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.

Question 83

What are your safeguards under S. 202 LEPRA?

Answer 83

(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)

Question 84

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.

Answer 84

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.

Question 85

How does the offence of Lewdness occur?

Answer 85

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

Question 86

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?

Answer 86

(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.

Question 87

(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.

Answer 87

• 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.

Question 88

What is a graffiti implement?

Answer 88

(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.

Question 89

Explain the Following

• Offensive language =
• Offensive conduct =

Answer 89

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

Question 90

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 _________________________.

Answer 90

(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.

Question 91

Why would we deal differently with a young offender when they have committed the same offences as an adult?

Answer 91

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

Question 92

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?

Answer 92

• 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)

Question 93

Can you issue a ticket to emergency services on urgent duty?

Answer 93

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

Question 94

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

Answer 94

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

Question 95

S. 25 DMTA 1985 –The elements of supply of prohibited drugs:

Answer 95

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

Question 96

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) _____________________________________________________________.

Answer 96

(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

Question 97

What is the justification for the use of Batons?

Answer 97

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.

Question 98

S. 40 DMTA 1985 – Effect of certain representations:

Answer 98

• 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.

Question 99

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.

Answer 99

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.

Question 100

What class of licence do motorcycle riders need to have?

Answer 100

Class R

Question 101

Upon arrest, where does your power for use of force come from?

Answer 101

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

Question 102

What is your power of arrest for the purpose of a Breath Analysis?

Road Transport Act 2013 Schedule 3 Part 2 Division __ Section __

Answer 102

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.

Question 103

What is strict liability?

Answer 103

Needs only actus reus (e.g. traffic)

Question 104

Is it an offence for parents to allow there children to carry knives?

Answer 104

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.

Question 105

S. 4 DMTA 1985 – Admixtures:

Answer 105

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

Question 106

What are examples of stimulants:

Answer 106

• Ecstasy
• Speed
• Ice
• Cocaine

Question 107

S.What are the 3 tests that evidence must go through to be admissible?

Answer 107

Relevant (s.55 evidence act)

Reliable (s.165 evidence act)

Fair (S.135 evidence act)

Question 108

S. 11 DMTA 1985 –The elements of possession of equipment for administration of prohibited drugs:

Answer 108

• 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

Question 109

What is the age that limit for selling a knife to a child? and what section?

Answer 109

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

Question 110

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.

Answer 110

(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.

Question 111

What are the 4 types of defect notices?

Answer 111

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

Question 112

What power does S. 175 of the Road Transport Act give you?

Answer 112

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

Question 113

What is the meaning of Subjective and Objective tests?

Answer 113

• 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.

Question 114

What is the time limit to breath test a driver hours after the incident/collision which brought the driver under notice

Answer 114

2Hrs

Question 115

Who can Police breath test?

Answer 115

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.

Question 116

Give examples of hallucinogens

Answer 116

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

Question 117

What does Road Rules 2014 (NSW), Rule 287 require?

Answer 117

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

Question 118

What is the minimum acceptable standard for damage regarding damaging property?

Answer 118

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

Question 119

Schedule 3 Testing for alcohol and drug use

Division 5 Sobriety assessments and related drug analysis

13

14

15

Answer 119

13 Police officer may require sobriety assessment

14 Arrest following failure to submit to (or pass) sobriety assessment

15 Taking samples following arrest

Question 120

What legislation deals with minors in possession of alcohol?

Answer 120

Summary Offences Act s11

Question 121

if the person publishes or displays in any manner, way, medium or form any advertisement for psychoactive substances what offence have they commented?

Answer 121

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.

Question 122

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.

Answer 122

(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.

Question 123

What do stimulants do to the body?

Answer 123

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

Question 124

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?

Answer 124

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

Question 125

Gaming and Liquor Administration Act 2007 (NSW), Section 24

24 Power to enter premises what reasons can I enter?

Answer 125

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.

Question 126

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)

Answer 126

(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.

Question 127

A Penalty Notice has a Part A, B & C where do they get issued?

Answer 127

• 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)

Question 128

What are 4 different kinds of sections contained in an Act?

Answer 128

Definition sections

Offence creating sections

Powers sections

Procedural sections

Question 129

What is an arrest?

Answer 129

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

Question 130

Would you issue a defect notice for lost/damaged plates?

Answer 130

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.

Question 131

# 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

Answer 131

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

Question 132

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”.

1. What offence has been committed?
2. What are the elements of the offence?
3. What evidence in the scenario supports the elements?
4. Is this offence a table 1 or table 2 offence?

Answer 132

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.

Question 133

What is the self-enforcing FPN (SEINS) designed to do?

Answer 133

Free up the court system

• Self
• Enforcing
• Infringement
• Notice
• Scheme

Question 134

What is the time limit for testing blood for a DUI (CRASH)

Answer 134

• 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.

Question 135

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

Answer 135

• 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

Question 136

Who can police breath test under Road Transport Act 2013 No 18 Schedule 3 Part 2 Division 3?

Answer 136

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.

Question 137

What are the Mental Health MOU key stake holders?

Answer 137

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

Question 138

How does the Young Offenders Act 1997 (NSW) define a child?

Answer 138

“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**.

Question 139

Cannabis Caution Criteria – (USCAN CAPTION):

Answer 139

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

Question 140

The detained intoxicated person may be taken to and detained in an authorised place of detention if:

Answer 140

• 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.

Question 141

What is the difference between primary and secondary victims?

Answer 141

Primary: Directly affected

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

Question 142

S. 6 DMTA 1985 – Take Part In:

Answer 142

• 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.

Question 143

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)

Answer 143

• (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.

Question 144

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

Answer 144

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

Question 145

What are three basic components in every motor vehicle crash

Answer 145

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

Question 146

List 7 Offences For which a CIN can be Issued

Answer 146

OFFENCES FOR CIN’s

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

Question 147

True or false: Police can issue both an FPN for ‘use vehicle not comply’ and a defect notice

Answer 147

True

Question 148

True or false: You can pull over a diplomat and subject them to a RBT

Answer 148

True

Question 149

True or false: People with impaired physical functioning are considered vulnerable persons under LEPRA

Answer 149

True

Question 150

When can Liquor be Disposed of?
Clause 5 Summary Offences Regulations

Seized liquor may be disposed of when seized if:

(a) ___________________________________________________________________________, or
(b) ______________________________________________________________________________.

Answer 150

When can Liquor be Disposed of?
Clause 5 Summary Offences Regulations

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.

Question 151

How many parking infringements can you issue at once?

Answer 151

One

Question 152

What is a Breath Test?

Answer 152

• 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.

Question 153

S. 24(1) DMTA 1985 – Manufacture and production of prohibited drugs:

Answer 153

• 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.

Question 154

Whats is Recklessness?

Answer 154

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

Question 155

What are the reasonable circumstances to give a direction under LEPRA 2002 (NSW), Section 197 Directions generally relating to public places?

• C____
• H____
• O____
• P____
• S____

Answer 155

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)

Question 156

What is the statute of limitations for indictable offences?

Answer 156

No limit

Question 157

What is following the priorities when attending a crash?

• Attend, ____________________________________________
• Attend to___________________________________________
• Identify ____________________________________________
• Breath_____________________________________________
• Preliminary_________________________________________
• Ensure ____________________________________________
• Investigate__________________________________________
• Adjudicate__________________________________________

Answer 157

• 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

Question 158

Provide one reason that police create intelligence reports

Answer 158

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

Question 159

Full licence holder (class C, current) driving a motor vehicle on a road blows over the limit on a random road side breath test, at the station on the BAS machine the driver blows 0.160?

• What PCA range is this? _______________________
• What is the relevant Act and Section for a PCA charge? _________________________________
• Will you suspend the drivers licence on charging this particular driver and why? __________________
• If in the same circumstances the driver blew 0.03 on the breath analysis.

What PCA range is this? _______________________________________________________________

Answer 159

• 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.

Question 160

What is the meaning of each of the basic concepts that underpin the admissibility of evidence?

Answer 160

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

Question 161

Ordinarily, any vehicle requiring a tow should have the tow arranged and paid for by the owner or person responsible for the vehicle. Police only organise tows when:

Answer 161

• 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.

Question 162

What is the gross vehicle mass (GMV) to be classified as a Heavey Vehicle (HV)?

Answer 162

In excess of 4.5 tonnes

Question 163

Cancelled Fixed Penalty Notices What do you do?

Answer 163

• 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)

Question 164

What is the definition of custody?

Answer 164

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

Question 165

What is the definition of a public place?

Answer 165

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.

Question 166

Offensive Implement
Section 11B Summary Offences Act 1988 (NSW)

• An Offensive Implement is anything:
• _________________________________; or
• _________________________________.

Answer 166

• 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.

Question 167

What types of offences can be tried summarily?

Answer 167

Summary Table 1 indictable Table 2 indictable

Strictly indictable cannot be heard at local court.

Question 168

Fill in the blanks

A police officer may, without a warrant, arrest a person if:

(a) _____________________________________________________, and
(b) the police officer is satisfied that the arrest is reasonably necessary for any one or more of the following reasons:
(i) ________________________________________________________,
(ii) to stop the person fleeing from a police officer or from the location of the offence,
(iii) _______________________________________________________,
(iv) to ensure that the person appears before a court in relation to the offence,
(v) ________________________________________________________,
(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) _______________________________________________________,
(ix) because of the nature and seriousness of the offence.

Answer 168

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.

Question 169

What information should be included in the description section of a ticket?

Answer 169

• 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

Question 170

What number plates would a diplomatic vehicle have?

Answer 170

DC, DX, or CC

Question 171

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_________________________________________
(b) Stopping__________________________________________
(c) Stopping__________________________________________
(3) The other person or persons referred to in subsection (1) need not be in the ______ place but must be ______ 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 171

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.

Question 172

Definitions S. 3 DMTA 1985 “Cannabis Leaf”:

Answer 172

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.

Question 173

What is the offence for a person who fails to comply with a search power used under Section 21 of LEPRA 2002 (NSW)?

Answer 173

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)

Question 174

What type of offence are routine traffic matters/offences?

What is the Statute of Limitations?

Answer 174

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

Question 175

What is the maximum imprisonment term for a summary offence?

Answer 175

Less than 2 years

Question 176

Drug Misuse and Trafficking Act 1985 (NSW), Section 36ZF

36ZF Offence of supplying or manufacturing psychoactive substances

(1) A person must not ________ or __________ take part in the ___________of a psychoactive substance for supply to another person—
(a) knowing that it is being _______ to the person primarily for ______ ___________ 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 176

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.

Question 177

What Act and section?

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.

___________________

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 177

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.

Question 178

What are the 3 types of indictable offences?

Answer 178

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

Question 179

Novice Range PCA (0.001 - 0.019) applies to

Answer 179

• 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.

Question 180

In any collision where a heavy vehicle or bus is involved and has to be towed as a result of the crash damage, who do have to inform?

Answer 180

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”

Question 181

What is the doctrine of doli incapax?

Answer 181

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

Question 182

What are the symptoms of a mental illness under

Mental Health Act 2007 (NSW), Section 4

4 Definitions

Answer 182

(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).

Question 183

When a person fails to comply with a direction from LEPRA 198 what can you charge them with?

Answer 183

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.

Question 184

What is the current strategy on sexuality and gender diversity within NSW police called?

Answer 184

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

Question 185

If you apprehend a juvenile graffiti offender, can you proceed using the provisions of the Young Offenders Act?

Answer 185

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

Question 186

Who can be charged with a DUI offence under Road Transport Act 2013 (NSW), Section 112?

Answer 186

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.

Question 187

Mentally ill persons detained for criminal offences what are you to consider?

Answer 187

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)

Question 188

• novice range prescribed concentration of alcohol means a concentration of more than ____ grams, but less than 0.0_ grams, of alcohol in 210 litres of breath or 100 millilitres of blood.
• special range prescribed concentration of alcohol means a concentration of 0.0_ grams or more, but less than 0.0_ grams, of alcohol in 210 litres of breath or 100 millilitres of blood.
• low range prescribed concentration of alcohol means a concentration of 0.0_ grams or more, but less than 0.0_ grams, of alcohol in 210 litres of breath or 100 millilitres of blood.
• middle range prescribed concentration of alcohol means a concentration of 0.0_ grams or more, but less than 0.__ grams, of alcohol in 210 litres of breath or 100 millilitres of blood.
• high range prescribed concentration of alcohol means a concentration of 0.__ grams or more of alcohol in 210 litres of breath or 100 millilitres of blood.

Answer 188

• 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.

Question 189

What is the age limit for a blood sample to be taken

Answer 189

15 years and over

Question 190

What is the justification for the use of Defensive Spray?

Answer 190

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

Question 191

What does the prosecution need to prove in order to establish that a person is criminally liable for an act?

Answer 191

Mens rea And Actus reus

Question 192

MENACING DRIVING GIVE Examples

Road Transport Act, Section 118

A person must not:

• ______ a _____vehicle
• on a _______
• in a _____THAT__________another person, AND
• ______to________that other person, OR
• OUGHT TO HAVE KNOWN that the other person _________BE___________

Answer 192

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

Question 193

Complete the definition of Intoxicated
Section 5 Liquor Act

a person is intoxicated if—

(a) the person’s _______, _______,_________or behaviour is __________affected, and
(b) it is reasonable in the circumstances to believe that the affected _______, ________, ____________ or _________ is the result of the consumption of liquor.

Answer 193

Complete the definition of Intoxicated
Section 5 Liquor Act

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 liquor.

Question 194

Which of the following are classed as vulnerable people under LEPRA?

A) Children

B) People who are Aboriginal/Torres Strait Islanders

C) Elderly

D) A and B

E) All of the above

Answer 194

Answer: D

Question 195

Fill in the blank

prohibited drug means any substance, other than a prohibited plant, specified in ___________ .

Answer 195

Drug Misuse and Trafficking Act 1985 (NSW), Schedule 1

Question 196

1. Identify the missing words from the below by using the following legislation:

Powers to Search and Seize

1. ________ 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 ________ and the ancillary power to search persons is ________. This power allows a police officer to require the person to __________________________________________ or to ________________________________________________
3. The power to search a person in lawful custody is ________
4. Section 23 of LEPRA 2002 (NSW) provides police with the power to search for _________ ________

Answer 196

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

Question 197

What is the hierarchy of secondary identification methods?

Answer 197

• Crowd scene
• Picture identification
• In-court identification

Question 198

What are the three basic components in every motor crash?

Answer 198

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

Question 199

In order to issue a direction under LEPRA , Section 198, the person must be:

Answer 199

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

Question 200

“Disorderly” is defined as

Answer 200

“…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

Question 201

What is The Commonwealth Poisons Standard?

Answer 201

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

Question 202

What does S. 76 of the Road Transport Act allow you to do?

Answer 202

To inspect vehicles for defects

Question 203

Complete the following Statement
Possession of liquor by minors
Summary Offences Act 1988 (NSW), Section 11

(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:

(a)

(b)

Answer 203

•(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:

•(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.

Question 204

Define reasonable force

Answer 204

…. 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

Question 205

• The NSW Police Force is committed to working in partnership with the community, other government agencies, non-government agencies and the liquor industry to:
• _____________________________________
• _____________________________________

Answer 205

•The NSW Police Force is committed to working in partnership with the community, other government agencies, non-government agencies and the liquor industry to:

•Promote safer communities

•Minimise alcohol related crime and associated harm.

Question 206

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

Answer 206

• 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.

Question 207

True or false: Hearsay is a kind of unreliable evidence

Answer 207

True

Question 208

S. 29 DMTA 1985 – Traffickable quantity-possession taken to be for supply:

Answer 208

• 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.

Question 209

What is the definition of a road under S. 4 of the Road Transport Act?

Answer 209

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.

Question 210

LEPRA 2002 (NSW), Section 197 subsections (2) to (4)

197 Directions generally relating to public places

When giving direction what is the recommending wording is?

What safeguards must you satisfy?

Answer 210

“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.

Question 211

What information do need from a caller reporting a crash?

Answer 211

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

Question 212

What are the elements for the offence of graffiti under s.4(2) of graffiti control act?

Answer 212

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

Question 213

Homeless People should be left alone unless: (name 3)

Answer 213

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).

Question 214

What is the difference between direct and circumstantial evidence?

Answer 214

• 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).

Question 215

Drug Possession Quantities:

Answer 215

• Cannabis Leaf:

Small – 30g Traffickable – 300g

• Amphetamine, Methamphetamine, Heroin & Cocaine:

Small – 1g o Traffickable – 3g

• LSD:

Small – 0.0008g Traffickable – 0.003g

Question 216

What is the definition of a parent?

Answer 216

parent of a child includes:

(a) a guardian of the child, and
(b) a person who has custody of the child,

Question 217

What does a FPN act as in court?

Answer 217

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

Question 218

What is the difference between inculpatory and exculpatory evidence?

Answer 218

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

Question 219

To whom can a CIN be issued?

How many can be issued

Answer 219

• 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

Question 220

Can you strip-search a 9-year-old?

Answer 220

No, the minimal age is ten

Question 221

Who Can Be Issued with a CIN?

•__________________________________

How many CINs can be issued at one time?

•___________________________________

Answer 221

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

Question 222

Who are some of the key stakeholders in road safety management? List 3

Answer 222

Any of the following:

• Roads and Maritime Services
• Police
• Staysafe Committee
• NRMA
• Motor Accidents Authority
• Local Councils
• NSW Health
• Pedestrian Council

Question 223

Sobriety Assessment Road Transport Act 2013 (NSW), Schedule 3, Clause 13

You _____________the driver that you are conducting a sobriety assessment

Driver must have ________________________ in which the driver provided

a ____________ an assessment of sobriety can be conducted.

Police ______ have a _____________ that the person may be under the influence of a drug other than alcohol.

The assessment of sobriety must be conducted _____ the place where the person underwent the breath test.

__ BREATH TEST, __ SOBRIETY ASSESSMENT.

Answer 223

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.

Question 224

LEPRA 206 Detention of intoxicated persons

(4) An intoxicated person detained by a police officer under this Part may be taken to and detained in an authorised place of detention if—
(a) it is necessary to do so…….
(b) a responsible person …….
(c) the intoxicated person is behaving or is likely to behave ……

Answer 224

(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.

Question 225

In an instance where a 197 or 198 (Part 14) direction involves a move-on what sections should you consider under LEPRA?

Answer 225

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

Question 226

An FCAN can only be issued once…

1)

2)

Answer 226

An FCAN can only be issued once…

• The offender has been positively identified and the offence fits FCAN criteria
• Police have enough evidence to establish elements of the offence

Question 227

Liquor Act 2007 (NSW), Section 77(2)

77 Non-voluntary exclusion of persons from licensed premises.

An authorised person may refuse to admit to, or may turn out of, licensed premises any person is?

Answer 227

(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.

Question 228

How must you conduct a search of a person?

Answer 228

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.

Question 229

What do depressants do to the body?

Answer 229

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

Question 230

In order to issue a direction under LEPRA , Section 198, the person must be?

Answer 230

• 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.”

Question 231

Schedule 3 Testing for alcohol and drug use

Division 4 Accidents

11.

12.

Answer 231

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

Question 232

Complete the missing sections
Section 201 LEPRA

(1) This Part applies to the exercise of the following powers by police officers—

(a)

(b)

(c) a power to enter or search premises,

(d)

(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)

(g) a power to establish a crime scene at premises (not being a public place).

Answer 232

(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).

Question 233

What is a Relevant offence?

Answer 233

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.

Question 234

Possible action that can be taken for a positive BLOOD ALCOHOL sample for

• (Road Transport Act 2013 (NSW), Section 110)
• (Road Transport Act 2013 (NSW), Section 112)

Answer 234

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.

Question 235

What does S. 169A of the Road Transport Act allow you to do?

Answer 235

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

Question 236

What are the elements of damage/destroy property?

Answer 236

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

Question 237

Complete the Definition of Offensive

Calculated to ______________________________________________in the mind of a reasonable person

Answer 237

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

Question 238

What are the time constraints on breath testing (PCA)?

Include the section?

Answer 238

• 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)

Question 239

What is this?

• 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 _______ test

There are two types of a roadside breath test that police can conduct, __________ and ______________.

Answer 239

• 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.

Question 240

Fill in the blanks

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) _________________________________________________:
(i) to stop the person committing or repeating the offence or committing another offence,
(ii) _______________________________________________________,
(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) ___________________________________________________________,
(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) ___________________________________________________________,
(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 240

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.

Question 241

What questions after arrest and caution for Breath Analysis?

• What time was your ______ drink?
• What time was your ______ drink?
• How _____ drinks have you had?
• What _____ were your drinks?
• What _____ of drinks?
• _______ did you drink?
• Did you _________ while drinking?

Answer 241

• 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?

Question 242

True or false: You can let a driver with a major grounded defect drive to the nearest repair facility

Answer 242

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

Question 243

How long should a driver be given to have a major defect fixed?

Answer 243

Up to 24 hours

Question 244

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, _________________________________________,
(b) the vehicle is being, or was, or may have been, used in or in connection with the commission of a ______________,
(c) the _____________ 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 ________ ______ 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 __________________________ 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 244

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 schoolp 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

Question 245

Road Transport Act, Section 112
Use or attempted use of a vehicle under the influence of alcohol or any other drug

(1) __________ must not, while ____________________or _______________________
(a) _____ a vehicle, or
(b) _______ the driving seat of a vehicle and _______ 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) - ______________________________________________________

Answer 245

(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.

Question 246

When searching a school locker under section LEPRA s.23, what must the police allow for the student?

Answer 246

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.

Question 247

Can you charge a person for both Offensive Language and Offensive conduct?

Answer 247

YOU CANNOT CHARGE A PERSON WITH BOTH OFFENCES FOR THE SAME INCIDENT.

Offensive Conduct is the offence if both offenses accor

Question 248

List 3 alternatives to arrest:

Answer 248

Any of the following:

• No action.
• Caution
• Penalty notice
• Field Court Attendance Notice
• Future Court Attendance Notice
• Youth Caution Cannabis Caution

Question 249

What is your justification for the use of your Handcuffs?

Answer 249

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.

Question 250

Where do you find your legal obligation to report misconduct

Answer 250

Section 211F in the Police Act 1990

Question 251

Under what act can a person not carry an offensive implement?

Answer 251

Summary Offences Act 1988(NSW), Section 11B(3)

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.

Question 252

“Immediate risk” is a provision for using your firearm. What does this mean?

Answer 252

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

Question 253

Police Can Arrest If……….

Answer 253

• 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)

Question 254

Definitions S. 3 DMTA 1985 “Prohibited Drug”:

Answer 254

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

Question 255

What are the elements for Drug Misuse and Trafficking Act 1985 (NSW), Section 11

Possession of equipment for administration of prohibited drugs?

Answer 255

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

Question 256

What is a protected suspect?

Answer 256

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.

Question 257

What is the definition of offensive?

Answer 257

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.

Question 258

What types of psychoactive substances are there?

Answer 258

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.

Question 259

What are the sources of discretion?

Answer 259

Original Authority (Common Law)

Statute Law

Question 260

What does Part 9 of LEPRA cover?

Answer 260

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.

Question 261

Passive Test

• The passive test is where the tube is ___ attached to the instrument and the driver _____ ___ blow directly into the instrument.
• Generally the initial test at an RBT (Stationary or Mobile)
• It is only an ____________ of the presence of alcohol (Not the concentration)
• If the result indicates the presence of alcohol - police must conduct a _________ 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 _________ test
• When police_________ that the driver HAS been consuming alcohol
• When the driver ______ to consuming alcohol
• When there are ___________ in the area the test is being conducted
• When there are ____________in the motor vehicle who have _____________ (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 _______ _______ _______
• 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 261

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)

Question 262

How is Prescribed concentrations of alcohol (PCA) measured?

Answer 262

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

Question 263

Can you conduct a sobriety assessment without doing a breath test?

Answer 263

NO BREATH TEST, NO SOBRIETY ASSESSMENT.

Question 264

True or false: You have the power to remove dangers and obstructions to traffic from the road

Answer 264

True (142(1) RTA).

Question 265

What are the ways we can effect an arrest?

Answer 265

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

Question 266

What is transfer of malice?

Answer 266

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

Question 267

For what persons can a modification of the application of LEPRA s112 be made?

Answer 267

Persons under 18 years old

Aboriginal/Torres Strait Islanders

Persons of non-English speaking background

Persons who have a disability (physical/intellectual/otherwise)

Question 268

What is the role of the police?

Answer 268

To keep the peace

Question 269

What is the justification for the use of Conducted Electrical Weapon

Answer 269

• 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

Question 270

List the elements of Possession of Prescribed Restricted Substance
Section 16 (1) Poisons and Therapeutic Goods Act

Answer 270

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

Question 271

What section of the Police Act protects you from civil liability?

Answer 271

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

Question 272

True or false: Police can take the fingerprints of a 13 year old in lawful custody

Answer 272

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

Question 273

What are three time outs for a person in detention that is not counted to investigation time?

What section is this under?

Answer 273

LEPRA 117 Certain times to be disregarded in calculating investigation period

(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.

Question 274

If a person was selling icing sugar as a prohibited drug would it be a offence?

Answer 274

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

Question 275

List the elements of Offensive Language
Section 4A(1) Summary Offences Act 1988 (NSW)

• the accused
• ___________________________________
• ___________________________________

Answer 275

Elements:

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

Question 276

Schedule 3 Testing for alcohol and drug use

Division 2 Random breath testing and breath analysis

3 . _________

4 . _________

5 .__________

Answer 276

3 Power to conduct random breath testing

4 Arrest following failed breath test

5 Breath analysis following arrest

Question 277

What are some consequences of drug and alcohol abuse?

ISFL

Answer 277

• 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.

Question 278

Special Range PCA (0.020 - 0.049) applies to?

• A driver whose licence has been ___________________________________
• A driver of a ______________________________________
• A driver of a ______________________________________
• A driver of a __________________________________________
• A driver of a vehicle carrying _____________________________
• A driver of a vehicle carrying ____________________________
• _____________of ____________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)
• ________________ - inappropriate licence (e.g.: driving a m/vehicle with a ‘C’ class licence when one requires an ‘LR’ class licence or above)

Answer 278

• 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)

Question 279

Section 11 of LEPRA allows you to do what?

Answer 279

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

Question 280

What must you obtain to giving a direction under LEPRA 197 or 198 to move on and with what powers

Answer 280

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

Question 281

What is the difference in tow trucks between 3 of 4 numbers displayed on their registration plates?

Answer 281

• 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.

Question 282

How must you preserve privacy and dignity during search?

Answer 282

• 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.

Question 283

S. 5 DMTA 1985 – Administer:

Answer 283

• 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.

Question 284

When will we breath test?

Answer 284

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

Question 285

List the Elements of Cultivation

Answer 285

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

Question 286

What influences the relationship between police and young people?

Answer 286

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

Question 287

What is the difference between a dangerous article and a dangerous implement?

Answer 287

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.

Question 288

3 Main Types of Drugs:

Answer 288

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

Question 289

What are the elements for parking offences?

Answer 289

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

Question 290

Under what section do you ACT and section do you handle noise complaints?

Answer 290

Protection of the Environment Operations Act 1997 (NSW) 276

Question 291

What are 3 three alternatives to arrest?

Answer 291

• 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)

Question 292

What is the Definition Prohibited Drug?

Answer 292

• 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

Question 293

What is the definition of motor vehicle under S. 4 of the Road Transport Act?

Answer 293

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

Question 294

If you fail to provide your name and place of duty when exercising a power has the person committed an offence for failing to comply?

Answer 294

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.

Question 295

Acronym for Cannabis Caution Criteria

U -

S - Sufficient evidence exists

C - Consent to caution/sign caution

A -

N - No other offences involved for which a brief needs to be submitted

C - Cannot request/demand

A -

U - Use is for personal

T -

I - Identification is confirmed

O -

N - No priors for Sex, Drugs (other than 1^st caution), or Violent offences

Answer 295

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

Question 296

True or False: You only need to satisfy either 99(1)(a) or 99(1)(b)

Answer 296

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

Question 297

Where does your power for use of force (generally) come from?

Answer 297

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.

Question 298

What is reasonable suspicion?

Answer 298

“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).

Question 299

What is the Definition of an Intoxicated Person?
Section 205 LEPRA

means a person who _____________________________________________________________________________________________________________________.

Answer 299

What is the Definition of an Intoxicated Person?
Section 205 LEPRA

means a person who appears to be seriously affected by alcohol or another drug or a combination of drugs.

Question 300

Obscene Exposure
Section 5 Summary Offences Act 1988 (NSW)

A person shall not, _____________________________________________________.

Case law defines the term “his or her person” as meaning “____________”. Exposure of __________ or ___________ do not fall into this category

Answer 300

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

Question 301

What is duty of care as a police officer?

Answer 301

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

Question 302

True or false: You can give a young offender CINs and/or FCANs

Answer 302

False These are options for adults only

Question 303

Can you give anyone the Cannabis Caution Criteria if it is 18 grams?

Answer 303

No it has to be under 15 grams

Question 304

What is the difference between damage and destroy (S. 195 Crimes Act)

Answer 304

Damage can be repaired, destroy needs to be replaced

Question 305

A person shall not have in his or her possession or attempt to obtain possession of a prescribed restricted substance under what act?

Answer 305

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

Question 306

You receive complaints about a council worker jackhammering outside an apartment. Can you issue a noise abatement?

Answer 306

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.

Question 307

What is your justification for the use of your firearm.

Answer 307

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.

Question 308

What is the age of criminal responsibility?

Answer 308

10 years old Childrens Criminal Procedure Act S.5

Question 309

What section under LEPRA allows you to

• without a warrant, stop, search and detain a person
• in a public place or a school, and anything in the possession of or under the control of the person
• on suspicion reasonable grounds that the person has a dangerous implement unlawfully in the person’s possession or under the person’s control.

Answer 309

LEPRA 2002 (NSW), Section 23

23 The power to search for dangerous implements without warrant in public places and schools

Question 310

Under LEPRA s.206 a police officer may detain an intoxicated person found in a public place who is:

Answer 310

• 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.

Question 311

When Can You Not Issue a FCAN?

• When ________________________________
• For___________________________________
• When ________________________________
• When ________________________________

Answer 311

• 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

Question 312

Scenario (youth) You are called to Peet’s Takeaway. You speak with the informant who points out a girl and a boy who used spray cans to tag a wall of the business. The estimated damage is $2000. You ascertain that the boy is 12 and the girl is 15.

1) What offence has been committed?
2) What legislation & section deals with this offence?
3) What do you need to consider regarding the boy?

Answer 312

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

Question 313

What is negligence?

Answer 313

Failure to exercise reasonable care and skill

A breach of duty and care

Question 314

• 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 ________.

Answer 314

• 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.

Question 315

If a person is in custody of a knife in public area or school what offence are they committing and elements of that offence?

Answer 315

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.

Question 316

Every crash investigation should begin with these questions to the driver/s

Q.“________________________________________________________________________________________________________________________________________________?”

A.

Q. “____________________________________________?”

A.

Answer 316

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.

Question 317

What is an offensive implement?

Answer 317

(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.

Question 318

True of False, Can you charge a person for possession of a psychoactive drug?

Answer 318

False unless listed as

• Psychoactive Substances are listed in Schedule 9 of the Poisons Standard (February 2021)

Question 319

Definitions S. 3 DMTA 1985 “Prohibited Plant”:

Answer 319

• 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).

Question 320

What is the timeframe missing from this statement?
Section 198(LEPRA)

(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 _________after the direction was given.

Answer 320

(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.

Question 321

Complete the THIS Principle

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:

• T_______________________
• H_________________________________
• I__________________________________
• S__________________________________

Answer 321

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

Question 322

What are the two relevant tests in determining offensive?

Answer 322

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.

Question 323

Where do you get your authority to carry arms/appointments

Answer 323

Common Law

Question 324

What is the statute of limitations for graffiti offences?

Answer 324

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

Question 325

Do you have the power to remove face coverings under 19A LEPRA?

Answer 325

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

Question 326

What are 3 alternatives to arrest for juveniles?

Answer 326

• Warning
• Caution
• Youth Justice Conference

Question 327

When conducting a search on arrest, why and what would you be looking for?

Answer 327

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.

Question 328

What are table 1 and table 2 offences?

Answer 328

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

Question 329

List the different types of Liquor Licences
Section 10 Liquor Act

• ____________________ licence,
• ___________________ licence,
• ____________________ licence,
• ____________________ licence,
• ____________________ licence,
• ____________________ licence,
• ____________________ licence,
• any other type of licence that is prescribed by the regulations.

Answer 329

List the different types of Liquor Licences
Section 10 Liquor Act

• 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.

Question 330

What is the meaning of “use” and “administer” (Drug Misuse and Trafficking Act 1985 (NSW), s.5

Answer 330

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.

Question 331

When we can suspend licences for a positive breath analysis reading?

Road Transport Act 2013 No 18 Sect 224

Answer 331

• 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

Question 332

Are Police officer to give a warnings when giving or making directions?

Answer 332

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.

Question 333

Give examples of depressants:

Answer 333

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

Question 334

How do you conduct a sobriety assessment?

Answer 334

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.

Question 335

What are the elements for Drug Misuse and Trafficking Act 1985 (NSW), Section 10

Possession of prohibited drugs?

• __________
• __________
• __________

Answer 335

Possession of prohibited drugs

• accused
• had a prohibited drug
• in his/her possession

Question 336

What is a dangerous artical?

Answer 336

(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.

Question 337

What do you have to prove for possession of a drug (He Kaw Teh (1985))

Answer 337

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).

Question 338

LEPRA s.197 Directions generally relating to public places, who is a person of reasonable firmness?

Answer 338

An ordinary person who would feel the same way

Question 339

When can police not breath test?

Answer 339

• 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.

Question 340

Explain the term Road Trauma and its implications for policing

Answer 340

• 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.

Question 341

The court date for an FSCAN must be?

Answer 341

The court date for an FSCAN must be?

•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

Question 342

State the Caution

Answer 342

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?

Question 343

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 ____________________; after having ______or ______an assessment of sobriety
• Both blood & urine must be obtained within _______of the incident If refuse or fail to supply blood and urine sample, issue with a CAN.

Answer 343

• 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.

Question 344

What should be included in the section 22 form?

Answer 344

The story –

include history

What they said (use quotes)

What part of the s22 form you used to detain them

The risk

Question 345

What is meant by offensive noise

Answer 345

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.

Question 346

What is the term of imprisonment for a minor indictable offence?

Answer 346

2 to less than 5 years

Question 347

What type of offence is property damage exceeding $5000?

A) Table 2 indictable

B) Table 1 indictable

C) Summary

D) Strictly indictable

Answer 347

B) Table 1 indictable

Question 348

Complete the Missing Words
LEPRA 2002 (NSW), Section 32 – Preservation of privacy and dignity during search

(2) The police officer must inform the person to be searched of the following matters—
(a) whether the person will be required to _____________________________,
(b) why ______________________________.

•

(3) The police officer must ask for the person’s_______________________
(4) The police officer must conduct the search—
(a) in a way that provides ________________________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 ________________as the person searched

Answer 348

(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.

Question 349

Are hypodermic needles (or syringes) included in s.11 Possession of equipment for administration of prohibited drugs?

Answer 349

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

Question 350

What is the definition of Prescribed Restricted Substance

Answer 350

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

Question 351

Where does your power to inspect and enter vehicles regarding their condition come from?

Answer 351

Section 76 of the RTA

Question 352

What is the definition of road related area under s. 4 of the Road Transport Act?

Answer 352

(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.

Question 353

What are the 4 general reasons to arrest someone?

Answer 353

• 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

Question 354

Where do you get your power from to discontinue an arrest?

Answer 354

S. 105 LEPRA

Question 355

True or false: If an offensive noise has been emitted in the last 10 days, you can issue a noise abatement

Answer 355

False The limit is 7 days

Question 356

Do you handcuff everyone that you arrest?

Answer 356

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

Question 357

What is hearsay?

Answer 357

“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).

Question 358

What is excessive force?

Answer 358

• 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

Question 359

What are the elements for Drug Misuse and Trafficking Act 1985 (NSW), Section 12Self-administration of prohibited drugs

Answer 359

Self-administration of prohibited drugs

• accused
• administered or attempted to administer to him/herself
• a prohibited drug

Question 360

Definitions S. 3 DMTA 1985 “Supply”:

Answer 360

• 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.

Question 361

If you believe the driver may be affected by drugs other than alcohol, how do you request the blood to be tested for drugs as well?

Answer 361

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.

Question 362

Under the Mental Health Act 2007, what is the difference between a mental disordered person (s15) and a mentally ill person (s14)?

Answer 362

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.

Question 363

What are the circumstances of aggravation for graffiti?

Answer 363

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

Question 364

Definitions S. 3 DMTA 1985 “Manufacture”.

Answer 364

The process of extracting or refining the prohibited drug..

Question 365

What is the definitions of a knife?

Answer 365

Summary Offences Act 1988 (NSW), Section 3

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.

Question 366

When is a police officer lawfully on private premises? List 3.

Answer 366

• 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

Question 367

What does STOPAR stand for?

Answer 367

S – Stop

T – Think

O – Observe

P – Plan

A – Act

R - Review

Question 368

What is the aim of CIN?

• To __________________________________
• To __________________________________
• To __________________________________
• To __________________________________

Answer 368

Aim of CIN

• 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.

Question 369

What are the meanings for wilfully and obscenely expose his or her person for OBSCENE EXPOSURE Summary Offences Act 1988 (NSW), Section 5?

Answer 369

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.