SOA Flashcards
Hinder/resist
A person who hinders or resists a police officer in the execution of their duty IGOO.
Violent disorder
If 3 or more persons present together, threaten or use unlawful violence and their conduct would cause a person of reasonable firm need to firearm for their personal safety, they are GOO.
Disorderly behaviour
A person who, in a public place or police station
- behaves in a disorderly or offensive manner
- fights with another
- uses offensive language
IGOO
What is consorting?
A person who habitually consorts with convicted offenders and
consorts with those offenders after receiving an officially warning in relation to each of those, IGOO
Must have occurred at least twice (two occasions)
ULOP
A person who entered or is present on a primary production premises for any unlawful purpose IGOO
Trespass
A person who:
- trespasses on a premises; and
- the nature of the premises is such to interfere with the enjoyment of the premises by the occupier; and
- The trespasser is asked to leave by an authorised person
AND THEN
Fails to leave forthwith or reattends within 24 hrs IGOO
What is loitering for the purpose of a cease loiter?
A person or group of people who loiter in a public place and a PO BO or Apprehends on reasonable grounds:L
- An offence has been, is being or is about to be committed by that person or persons or another in the vicinity; or
- the movement of pedestrians or vehicular traffic is obstructed by the presence of that person or group or others in the vicinity
- a breach of the peach has occurred/is occurring/is about too occur in the vicinity
- for the safety of a person in the vicinity
GSW
A PO named in any warrant may at any time of the day or night, exercise all or any of the following powers:
- using such assistance as necessary enter into, break open and search any house building, premises or police where he or she has RC2S that:
- an offence has been or is about to committed
- there are stolen goods
- there is anything which would afford communion of an offence
- there is anything that may be intended to be used for the purpose of committing the offence
- may break open and search any cupboards, drawers, chests, trunks, boxes, packages or other things whether fixtures or not where they have RC2S
- there are stolen goods
- anything that may afford evidence to the commission of an offence
- there is anything that may be intended to be used for the purpose of committing an offence
- seize any such goods
Authority to Search - 68
A PO may redo any or all of the following things, namely stop, search and detain
- A V/V upon which there is RC2S
- there are stolen goods
- an object, possession of which would constitute an offence
- evidence of the commission of an indictable offence
- A person who is reasonably suspected of having on or about their person
- stolen goods
- an object, possession of which would constitute an offence
- evidence of the commission of an indictable offence
Power to search for stolen vehicles?
A PO who has RC2S a vehicle has been stolen or used without consent of owner and is on any land or premises, enter the land or premises and search for the vehicle and if found examine it.
Where can metal detector searches be conducted?
- licensed premises
- public place holding an event which is gazetted
- car parking for patrons of the above
Authority to request personal particulars
Where a PO has reasonable cause to suspect
- a person has committed/ids committing/is about to commit an offence OR
- the person may be able to assist in the investigation of an offence or suspected offence
The PO may require the person state any or all of their personal details.
Where suspected false, evidence of correctness may be requested.
Authority to request details of a person driving or owning a vehicle
A PO may ask a person questions for obtaining info which may lead to the ID a of the person driving or owner of a vehicle on particular occasion or at a particular time.
What is an interview?
- Conversation
- Part of a conversation
- series of conversations
74D obligations
An IO who suspects a person has committed an indictable offence and proposes to interview must:
- if reasonably practicable make an audio visual record of the interview;
- if it is not reasonably practicable buys it is to make an audio record, do that;
If not reasonably practicable to audio/audio and visual record:
- complete a written ROI and as soon as practicable after read aloud to the suspect and have an audio visual recording made of the reading
- when the AV begins the suspect must be invited to interrupt to point out errors or omissions
What is the power of arrest?
A PO without any warrant other than this Act at any hour of the day or night may apprehend any person whom the officer finds committing or has reasonable cause to suspect of having committed or being about to commit an offence
How is a person to be dealt with who is arrested without warrant?
A person arrested without warrant must as soon as reasonably practicable be delivered to the custody of
- OIC in charge of the nearest custodial police station
- PO at a designated police facility
Explain detention obligations RE serious offences?
When a person is apprehended without warrant on suspicion of a serious offence, a PO may for the purpose of investigating the suspected offence before dealing with the per delivery to the station:
- detain the person for whichever is lesser:
- period necessary top complete immediate investigation; or
- 4 hours or such longer period as may be authorised by a magistrate (not exceeding 8 hrs)
- take the person from place connected with the suspected offence
Obligations RE arrest without warrant where a warrant is issued
- PO may take a person into dusty who they have RCFB or S to be a persjon whose apprehension or commitment a warrant has been issued.
- A person arrested without a warrant on suspicion/belief they are a person whose committal a warrant has been issued, as soon as reasonably practicable deliver that person into the custody of the OIC of nearest station and produce the warrant and deal with as required.
Search authorities in custody
A person who is unlawful custody may be searched in accordance with the section and anything found may be removed
Special Powers of Entry
Where a SP SORG:
- an occupant of premises has diode and their body s in the premises OR
- the occupant is in need of medical or other assistance
Authorisation should be in writing unless too urgent, verbal authority can be granted
What is distributing RE sexting offences?
- communicate, exhibit, send, supply, upload or transmit AND
- Make available for access by another
What is distribution of invasive images?
A person who distributes an invasive image of another knowing or having reason top bel,I’ve that person does not consent IGOO
