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ADPP Session 1 & 2 > Street offences > Flashcards

Street offences Flashcards

This Deck covers the types of Street offences, elements of each & legislation that you are required to know for the exams.

1
Q

Four reasons when you cannot issue a FCAN

A
  1. When strictly indictable & domestic violence offences are committed.
  2. For offences involving juveniles, except traffic offences when the juvenile is of licensable age.
  3. When the suspect is under the influence of a drug or alcohol.
  4. When the offender has outstanding warrants.
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2
Q

Eight rules to consider when issuing an FCAN

A

Eight rules to consider when issuing an FCAN

  1. Identity must be establish.
  2. The offence is listed in the FCAN guide book.
  3. There is no further investigation required in order to commence criminal proceedings
  4. You believe that the offender will appear in court
  5. The offence will not continue after issuing the FCAN
  6. You do not need to impose bail conditions on the accused
  7. The accused will not interfere with evidence or hinder the police investigation
  8. The accused will not intimidate the victim or witnesses
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3
Q

When can you NOT issue a CIN?

A

Do not issue CIN’s for…

  • DV offences
  • Seriously intoxicated or drug affected
  • Continuing offences
  • A person named in a first instance warrant
  • Where further investigation is needed
  • Serving police officers
  • Assault offences
  • Lawful demonstrations/protests
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4
Q

When CAN’T you issue a FPN?

A

(FCAP)

F - Fatal collision
C - Children under 16
A - Ambulance or fire vehicles on urgent duty
P - Police officer on duty

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5
Q

An FCAN can only be issued once…

A
  • The offender has been positively identified & the offender fits FCAN criteria.
  • Police have enough evidence to establish elements of the offence.
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6
Q

List seven offences for a CIN to be issued?

A
  1. Larceny (value under $300)
  2. Goods in custody
  3. Offensive language
  4. Offensive conduct
  5. Obstruct person, vehicle, vessel in public place
  6. Enter vehicle or boat without consent of owner / occupier
  7. Continuation of intoxicated & disorderly behaviour after a move on direction
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7
Q

What are the stages of the conflict resolution model?

A
  • Ask them to comply
  • Set context - explain why they need to comply
  • Set options - give options & some sense of control.
    Determine what is important to the person & what they can lose in this situation. Use this to negotiate compliance.
  • Confirm action to be taken & give a final chance to comply.
  • Action - take appropriate action
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8
Q

What does the RESPONSE Mnemonic stand for?

A 
R - Respect 
E - Empathy 
S - Supportiveness 
P - Positiveness 
O - Openness 
N - Non-judgemental attitude 
S - Straight forward talk 
E - Equals (Speak as equals)
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9
Q

According to the Summary Offences Act 1988, 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…

What are the two excuses?

A

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.

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10
Q

Explain what is meant by proximate & distal cause of crime?

A

Proximate causes: Immediately precedes criminal behaviour.

Distal causes: Are much more remote, for example, economic stress in childhood.

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11
Q

Explain “relevant conduct” under LEPRA, Section 197 - Directions generally relating to public places.

A

(CHOPS)

C - Causing fear or likely to cause fear (as long as it would cause fear to a person of reasonable firmness)

H - Harassment / intimidation

O - Obstructing traffic person or vehicle

P - Procuring prohibited drug

S - Supplying prohibited drug

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12
Q

What are the elements of offensive conduct?

A
  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
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13
Q

Who can be issued with a CIN?

A

A CIN can be issued to an adult whose identity has been confirmed.

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14
Q

How many CINs can be issued at one time?

A

A maximum of four CIN’s can be issued at one time.

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15
Q

What is the aim of a CIN?

A
  • To provide an alternative legal process to arrest
  • To allow police to deal with suspects on the spot
  • To free up police from speaking time at the station doing paperwork
  • To reduce police attending court for minor matters
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16
Q

Offensive implement means?

A

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.

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17
Q

What are the elements of offensive language?

A
  1. The accused
  2. Used offensive language
  3. In or near, or within hearing from, a public place or a school

(Summary Offences Act 1988, Section 4A (1) )

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18
Q

What is relevant conduct under Section 198 of LEPRA, Move on direction to intoxicated person in public places?

A
  1. Likely to cause injury
  2. Damage to property
  3. Risk to public safety
  4. Is disorderly
19
Q

What is the purpose of a section 198 direction?

A

a) Prevent injury, damage to property, reducing or eliminating a risk to public safety, or
b) Preventing the continuation of disorderedly behaviour in a public place.

20
Q

Subsection 5 of section 198, describes a person as being noticeably intoxicated as having their?

A

Speech, balance, coordination or behaviour is noticeably affected as a result of the consumption of alcohol or any other drug.

21
Q

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

A
  • Noticeably intoxicated
  • in a public place
  • likely to cause injury to another person, damage to property, risk to public safety, and/or disorderly.
22
Q

What is Section 9 of the Summary Offences Act 1988?

A

Continuation of intoxicated & disorderly behaviour following a move on direction.

23
Q

What is Section 199 of LEPRA?

A

Failure to comply with a direction.

  • You have to establish that the person persisted after the direction was given
24
Q

What is section 11 (2) of LEPRA?

A
  • Identity may be required to be disclosed
    (2) - require a person whose identity is unknown to the officer to disclose his or her identity if you are going to give them a direction to move on.
25
Q

Where do police get their power to request proof of identity?

A

LEPRA, Section 19

  • Power of police officer to request proof of identity.
26
Q

Three points of the objective test?

A

Three points of the 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 & circumstances should be considered.
27
Q

What is the key difference between offensive language & conduct?

A
  • The key difference is that language is words alone where as conduct can involve words as well as actions.

You cannot charge a person with both offences at the same time.

28
Q

What are some examples of offensive conduct?

A
  • Offensive placard or T-shirt
  • Urinating in public
  • exposing the buttocks
  • Obscene gesture/s
  • Having sexual relations in public
29
Q

Explain Section 5 of the Summary Offences Act 1988 - Obscene exposure?

A
  • A person shall not, in or within view from a public place or a school, wilfully & obscenely expose his or her person.
  • Person = Genitals
  • Wilfully = Done deliberately & intentionally
  • Obscenely = Offensive to modesty or decency
30
Q

What are the four reasons for an arrest?

A
  1. Offences - Section 99 (1) (a) (b) LEPRA
  2. Warrants
  3. Breach of the peace
  4. Specific power
31
Q

When would you cation someone?

A

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.
32
Q

Explain the objective test?

A

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 & witnessed the incident.

33
Q

Explain the subjective test?

A

The subjective test, is taken from the point of view of the victim, offender, or any other person involved in the incident.

34
Q

Which FCAN copies go where?

A

Yellow - Defendant copy

Blue - Retained in the book

White - Service copy to court

35
Q

The court date for an FSCAN must be?

A

The court date can be no less than 6 weeks & not more than 22 weeks in the future, from the time the FSCAN was created.

36
Q

What are the service options of FSCAN for indictable offences?

A

Indictable offences only:

  • In person
  • To another person over the age of 16 years at the residential or business address of the accused.
  • To correctional centre
37
Q

What seven reason that having custody of a knife is reasonably necessary?

A
  1. Persons lawful pursuit of occupation education or training
  2. Preparation or consumption of food or drink
  3. Lawful entertainment, recreation or sport
  4. Exhibition of knives, retail or other trade purposes
  5. Exhibition by knife collectors
  6. Wearing of an official uniform
  7. Genuine religious purposes
38
Q

What is the definitions for a knife under the summary offences Act 1988, Section 3?

A
  • A knife blade
  • A razor blade
  • Any other blade
39
Q

Identify knife offences & name the sections.

A
  • Custody of a knife in a public place or school - Section 11C
  • Wielding of knifes - Section 11E
  • Parents allowing children to carry knives - Section 11D
  • Sale of knives to children - Section 11F
40
Q

What are the five elements of custody of an offensive implement?

A
  1. A person shall not
  2. Without reasonable excuse
  3. Have in his or her custody
  4. An offensive implement
  5. In a public place or a school
41
Q

What is the definition of Resist?

A

Resist means opposing by force

42
Q

What is the definition of Hinder?

A

Hinder is rendering an action more difficult to carry out but no impossible.

43
Q

What is the role of the custody manager?

A

The custody manager has responsibility for the care, control & safety of a person detained at the police station.

ADPP Session 1 & 2 (19 decks)

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