Sgt Davidson's Summative 3 Tutorial Flashcards
Who is not compellable ?
Judge Juror Council The accused Bank officer Governed general Sovereign
What is the definition of a domestic relationship?
Partners
Family members
Shares a house
Close personal relationship
What types of violence are there?
Physical
Psychological
Sexual
What is a protection order?
Basically the same as a PSO but applied applied for through the court.
Who can apply for a protection order?
- Person in domestic relationship
- Representative of a child
- Representative of someone lacking capacity
- Third party for a victim
What is the protected person called in a protection order?
Applicant
What is the person the protection order is against in a protection order?
Respondent
What conditions are there in a protection order?
Not to offer violence
No contact
Surrender firearms
What is the one exception to the protection order conditions?
The applicant can turn on and off the no contact part
Who is not competent?
The sovereign A mentally disordered person A drunk person (they can give evidence when sober) A very young child A person who is ill
What is the burden of proof?
The responsibility or onus of establishing the case concerned
What is a fact in issue?
The ingredients or identity which is challenged by the defendant
What is the definition of competent?
Someone who as a matter of law is able to give evidence
What is the definition of compellable?
Ay person who is eligible to give evidence is compellable
What must evidence e for it to be used in court?
Admissible and relevant
What is relevant evidence?
Evidence that must relate to the case
What is admissible evidence?
Evidence that the court is legally ale to receive
What can you do for failure to follow protection order conditions?
Arrest and charge
What can you do for failure to attend a course under a protection order?
Summons and charge
What is a PSO?
Police safety order
A order issued by a constable
How long can it last for?
5days
What is the name of the person it protects?
Person a risk
What are your obligations in regards to a property damage crash?
Report it to the owner within 48hrs
Report it to the police within 60hrs
Is it an chargeable offence not to follow a PSO?
No, they will be arrested and bought before the courts to consider the PSO.
When can a PSO be issued?
Domestic relationship
No offence committed
Believe violence may occur
How long can you detain someone to issue a PSO?
2hours
Wen does a PSO expire if not served?
48hrs
How old is a child under the domestic violence act?
Under 17years
Not or hasn’t been married
How old is a minor in the domestic violence act?
17-19years
Not or hasn’t been married
What are you obligations in regards to a crash?
Stop
Ascertains injury
Render assistance
What are your obligations in regards to an injury crash?
Report to Police within 24hrs
What is the definition of a firearm?
Anything that fires a projectile by way of explosive force
What is the definition of an air gun?
Anything that fires a projectile by way of compressed air or gas
What is the definition of a restricted weapon?
Anything that is declared restricted by the governed general
What is the definition of explosive?
A substance that when it explodes creates a pyro technic effect
Can a person aged 0-16 hold/fire a firearm
Yea as long as they are under the immediate control of someone with a firearms licence
What are the rules around a person aged 16-18 in regards to firearms?
A person aged 16-18 needs a firearms licence for Both a air gun and a firearm
What are the rules around a 18+ person with a firearm?
Requires a licence for a firearm, no licence for a airgun
What does section 66 of the arms act say?
He who smelt it dealt it…. If a firearm is found in a vehicle or place, then it is up to the owner or driver to prove it is is the possession of another person and it is not there property
Section 18 of the search and surveillance act says
You may search a person or place if you suspect they have a firearm and believe they have breached the arms act
Licence holders must…
Ensure their licence is kept un damaged
Produce it on demand or within 7 days to a police station
Report change of address within 30 days
Report stolen or destroyed firearms
Report any injury or death caused by the firearm
Section 40 of the arms act
Allows police to demand name address and firearms licence, if refused gives police the power to arrest
What is the definition of a road?
At place where a vehicle can go
Section 96A Land Transport Act 1998
Seize and impound for 28days for: Sustained loss of traction Unnecessary exhibition or speed or acceleration Racing -green sticker!
Section 114 Land Transport Act 1998
Stopping power
Have the power to demand drivers and owner of the vehicles details
What you have to consider for protection order?
Was domestic violence
Necessary to protect applicant or child
Section 121 Land Transport Act 1998
Applies to mentally or physically not able to drive or driving outside specific ours: Forbid to drive for specific time All ignition keys surrendered Render vehicle immobile Move vehicle EBA drivers forbid to dire 12hrs Direct to go to specific area to rest
Section 115(1) Land Transport Act 1998
Green sticker a defective vehicle
Has to be remedied and a new wof then police can remove it
Section 115(3)(b)
Pink sticker for an unsafe vehicle
Has to be repaired
Then taken to an authorised vehicle inspection centre that doesn’t do repairs
New wof
Section 118 Land Transport Act 1998
Require owner or hirer of vehicle to give details of driver within 14days if there is an offence against any act or just out of fresh pursuit
Section 95 Land Transport Act 1998
Suspend licence for 28days for: Over 650mgm Over 130mcm Over 400mgm and 1 previous offence in 4 years Over 80 and 1 previous offence in 4 years Fails or refuses to give blood 40kph over a permanent speed limit 50ph over a temporary speed limit
What are the classes of licence
A-licence for the conventional use B-pistols assuming they belong to a club C-collectors.... May be allowed bang bang things D-dealers E-mssa
What makes a MSSA a MSSA
Fires one round a and chambers another with one pull of the trigger
What additional requirements
Folding or telescopic butt Bayonet lugs Flash suppressor Free standing pistol grip A magazine that appears to hold 15 .22 rounds or 7 of any other round
What can a DAO ask Police to do? Section 41
Assist so the DAO may
Assess a patient
Transport patient for treatment or assessment
Section 122 Land Transport Act 1998
Seize and impound for 24hours for public safety
Section 123 Land Transport Act 1998
Seize and impound for 7days for forensic
Section 119 Land Transport Act 1998
Driving dangerously or recklessly or faked to stop or under the influence can enter premises to only do EBA procedure
Section 39 Children, Young Persons and their Families Act 1989
CYP may suffer ill treatment
May get warrant to search and take child to CYFS
Section 42 Children, Young Persons and their Families Act 1989
In the poo
Critically necessary to enter and search to remove or detain child and take to CYFS
Section 48 Children, Young Persons and their Families Act 1989
Out too late
Found unaccompanied in a situation where CYP’s health may be impaired
Can take CYP home with permission of them or to CYFS
Section 10B Children, Young Persons and their Families Act 1989
Shouldn’t be
Child left unaccompanied without reasonable precautions for there health and safety being taken
Section 14 Children, Young Persons and their Families Act 1989
WOCA
In need of care and protection:
Welfare, serious differences between parent and child
Offending to an extent their is a concern for well bring
Control, unable to control
Abuse being abused
What deaths are required to be reported to the coroner?
SCUMBIE Suicide Cause unknown Unusual or violent death Medical, surgical or dental operation or procedure Brith death, death due to brith from pregnancy or giving birth Institutional death Enactment requires holding of an inquest
When must an inquest be held?
Suicide
Institutional
Circumstances not clear
What is the definition of preparing?
Found in any public place
From which it can be reasonably be inferred that they are preparing to commit an offence
What is the definition of attempting?
Full offence minus one ingredient
What is the definition for parties?
66(1) the original plan/intended offence
66(2) any other offences that come out of it
E.g. Committing a burglary
Caleb says to Tony if that security guy guard comes in I’m gonna smash him
Security guard comes in Caleb smashes him.
Caleb is guilty of assault.
Tony is guilty off 66(2) party to assault
Amounts for presumption of supply
.5g of co cane or heroine 5g of morphine or meth 28g of cannabis 56g other controlled drug 100 niggeretes
Possession
That the person was in possession of the controlled drug
Knowledge
That they knew it was a controlled drug
Useable quantity
The amount was enough to be used
Section 20 21 and 22 of s&s
Look it up urself cunt
3 examples of class A drugs
Cocaine heroine meth
3 examples of class B drugs
Morphine opium cannabis oil
3 examples of class C drugs
Cannabis plant, cannabis seed, cannabis fruit
What’s to consider for PSO?
1M? 1K? Previous PSO or PO in place Will it cause hardship Welfare of children
What is the definition of a mental disorder?
A abnormal state of mind to the point where the pose a serious risk to their self or someone else or
-ability to look after themselves has seriously diminished
Under the sale of liquor act how old is a minor
Not yet 18
Definition of a restricted area
An area someone who is under 18 can not be unless working
Definition of a supervised area
A part of a licensed area that a person under 18 can not go unless accompanied by their parent or legal guardian
What is vicarious liability
A bar manager is liable for offences committed by bar staff
What are the exemptions to being found on the premises outside licensing hours
Manager or spouse of manager
Lives there
Employee there for the purpose of working…. Not selling piss
Section 175 sale of the double browns act
At any reasonable time OR at any time may enter and inspect licences premises to ensure they are complying with the licence
Section 176 of the sale of tui act
Power to demand information if you have RGTS they have committed an offence against the act
What is a compulsory treatment order?
Missing for less than 3months, may apprehend and return to where they should be. DON’T NEED PERMISSION OF DAO
What is an assessment order?
May apprehend WITH PERMISSION OF DAO
Wen can special and restricted patients be apprehended?
At any time
What is the definition of a special patient?
Detained by way of court order.
Court deem them criminally insane
Risk to public
What is the definition or a restricted patient?
Subject to compulsory treatment order and are a danger to public
What are your powers under section 109?
Person in public place and believe they’re mental may apprehend if it is in their interest or publics interest
What can a DAO ask Police to do?
Assist so the DAO may
Assess a patient
Transport patient for treatment or assessment
What is an example of indecent exposure
Exposes genitals only
What is an example of an indecent act in a publics place
Man masturbating in a car
What is an example of an indecent act with intent to insult or offend
Same as indecent act in a public place wi the necessary intent
What is the defence for indecent exposure
If the person can prove on reasonable grounds that they would not be seen
Initial action at the scene of a serious sexual assault
Freeze, control, preserve
Instruct victim not to:
Was, change clothes, use unnecessary medical aids, change appearance, go to toilet, return to the scene or travel in the same car as offender causing cross contamination. Record everything the victim can recall about the offender and their vehicle.
Guidelines for dealing with victims of sexual assault
Conduct your dealings with the victim in a sensitive manner
Accept that they are telling the truth
Listen to what they have to say let them give an account in their own words
Seek medical attention if required
Treat them courteously
Explain the process you will follow and why
Advise the victim of counselling services
What can you do under section 110?
Assist a medical practitioner
What does not constitute consent
Asleep or unconscious
Affected by drugs or alcohol
Offers no resistance
Allows because of force applied or the threat or fear of applied force
Mistaken about the nature and quality
Mistaken about who the person is
Affected by an intellectual, mental, physical condition to such an extent that they can not give or refuse consent
What is an occupation order?
Entities the applicant to live in a house without respondant.
What is a tenancy order?
Entitles the applicant to live in a rented house without respondent.
What is a ancillary furniture order?
Entities applicant to furniture in a home.
Made with a tenancy or occupation order.
What is a furniture order?
Same as a ancillary furniture order but made on its own.
When can someone be bailed?
- Summary offence
- Arrested without warrant
- Police consider it prudent to do so
- Can’t be seen before the court in the next 24hrs
What do you have to explained to the bound person in a PSO?
Purpose
Effect
Duration
Consequences
What is the definition of intimate partner violence
Violence by one person to another who is there partner or spouse. Includes violence that is physical sexual and psychological.
What is the definition of family violence
Violence by one person to any other person if that person is or has been in a relationship or is a family member
If someone has breached a PO and you are going to bail them you must first…
Get it authorised by a nco
Impose conditions of bail including curfew
Bail conditions must not interfere with their employment
Inform the victim
What is there it consider when issuing a PSO?
No offence
Think violence will happen
What is there to consider in a Protection Order?
Offence committed
Breached PSO
Violence committed
What is a special patient?
Committed a crime so criminally insane.
What is a restricted patient?
Patient with mental health issues and deemed a danger to society and not necessarily committed crime.
What are the 5 categories of people police CAN breath test
Anyone involved in a crash
Anyone driving a vehicle
Anyone attempting to drive a vehicle
Anyone u have good cause to believe has committed an offence against the act
Where the driver is not known and u have good cause to suspect that passengers have been involved in a accident
What is the full definition of a firearm
Anything that has been adapted or by its completion or the replacement of any component parts or correction or repair of any defects would be a firearm
What is section 6 of Cypfs
The welfare and interests of the child or young person shall be the first and paramount consideration
