Study Flashcards
What are the elements of Wilful Damage?
Intentionally Damages any Property or Sets on Fire any tree or other vegetation.
Define INTENTONALLY (Wilful Damage)
A DELIBERATE or RECKLESS act, WITHOUT LAWFUL JUSTIFICATION, EXCUSE, or CLAIM OF RIGHT.
Define RECKLESSLY (Wilful damage)
Where the possible consequences are forseen but continues the act regardless of the risk.
Define PROPERTY (Wilful Damage)
Something that BELONGS TO ANOTHER PERSON and is CAPABLE OF BEING DAMAGED.
Define DAMAGES (Wilful Damage)
Temporary or Permanent Reduction in the value and/ or usefulness of the property.
Identify the Act and Section for Wilful Damage
Summary Offences Act 1981 Section 11(1)(a) and 11(1)(b)
Define what is meant by the term Summary Offences Act 1981 11A graffiti vandalism and tagging
If he or she damages or defaces any building, structure, road, tree, property, or other thing by writing, drawing, painting, spraying, or etching on it, or otherwise marking it, WITHOUT LAWFUL AUTHORITY; and WITHOUT THE CONSENT OF THE OCCUPIER OR OTHER PERSON IN LAWFUL CONTROL.
List the elements of Assault
1) Assault
2) Another Person
Define ASSAULT
Acts of intentionally applying or attempting to apply force to the person of another, directly or indirectly,
OR
Threatening by any act or gesture to apply such force to the person of another, if the person making the threat has, or causes the other to believe on reasonable grounds that they have the present ability to effect their purpose.
Define ANOTHER PERSON (Assault)
It has to be another person other than the offender.
Define and give an example of DIRECT APPLICATION OF FORCE
The force is applied directly to other person
e.g. Punching someone in the face, or hitting them with a bat.
Define and give an example of INDIRECT ASSAULT
The force does not need to be applied directly to the other person
e.g. Pulling a chair out, victim misses chair and falls to the ground, causing victim to sustain force.
Define and give an example of TRANSFERRED MALICE
Malice is transferred from intended victim to unintended victim.
e.g. John aims a punch at Mike’s head. Mike ducks and John hits Adam.
Define and give and example of CONDITIONAL ASSAULT
Conditional assault is an assault expressing a threat on condition, for example ‘your money or your life.’ In a conditional assault, bodily harm generally occurs only if the victim fails to act as the defendant directs.
e.g. John threatens Adam and accompanies the threat with an act or gesture. But John says to Adam “You wont be assaulted if you go home now”.
Define IMPLIED CONSENT
Technical assaults are committed through such acts as:
>Touching someone on the shoulder
>Shaking Hands
>Acts of affection (kiss on the cheek)
These acts have an IMPLIED CONSENT, and a person CANNOT CONSENT to a CRIMINAL ASSAULT.
Give the full definition of ASSAULT
The act of intentionally applying or attempting to apply force to the person of another, directly or indirectly, or threatening by any act or gesture to apply such force to the person of another, if the person making the threat has, or causes the other to believe on reasonable grounds that he has, present ability to effect his purpose.
What are the 3 factors of COMMON ASSAULT?
1) The Intent - When the offender applied force, What was his/ her intent? Did the offender want to scare, injure or kill the victim?
2) Weapons or degree of force - Was the assault a mere slap pr was a knife/ other weapon used?
3) Injury Received - Did the victim sustain any injury? Was the victim ‘injured’, ‘Wounded’, or ‘killed’?
What does VAWSEEPO stand for?
Victim/ Informant Appreciation Witness Scene Exhibits Elements Powers Offender
What are the TEDS?
Tell me
Explain
Describe
Show me
State the Golden Rule when dealing with victims?
Treat victims as you would expect to be treated yourself
Describe who is a victim under the Victims’ Rights Act 2002.
A person against whom an offence is committed by another person.
Explain the purpose of NIA Case Victim Contacts
The NIA Case Victim Contacts has been designed to ensure that police staff meets s the requirements of the Victims’ Rights Act 2002. It not only records police contact with the victim, but can also be used to confirm that you have met your obligations.
What are some of the most common emotional reactions experienced during the RECOIL stage of victimisation?
> Anger or Rage > Fear or Terror > Frustration > Confusion > Guilt or Self-Blame > Violation > Great shifts in Mood
Define Post Traumatic Stress Disorder (PTSD)
Post traumatic stress disorder is serious psychological disorder in which the victim re-experiences the events surrounding the event
What are the main symptoms of PTSD?
> Startled response > Disturbed sleep > Guilt > Memory problems > Concentration problems > Flashbacks > Emotional distress > Inability to re-enter normal activity
What are some of the ‘Do’s’ when interviewing victims?
> Make the setting for the interview as safe, comfortable and private as possible.
Introduce yourself and say why you are there.
Hold the interview as soon as possible after the offence
Keep the questions as simple as possible
Ask questions one at a time, to avoid further confusion
Ask the victim to state in their own words what happened
Allow the victim to “save face” if they make a mistake
Help prepare the victim for future contact with the criminal justice system
As well as listening, observe the victim’s non-verbal communication
What are some of the ‘don’t’s’ when interviewing victims?
> Judge the victim’s conduct or feelings
Ask questions that indicate the victim is to blame
Tell the victim that “all is right” or “all is well”. To the victim, all is not well
Say you know how they feel, you don’t
Touch or hold victims unless they show signs that they welcome this
Force victims to tell details of the offence if they are reluctant to do so
Overpower the interview
Take silence as a negative attitude
What are some of the most common emotional reactions experienced during the IMPACT stage of victimisation?
> Numbness > Disorientation > Immobilisation > Feelings of unreality > Childlike dependence
What are the provisions of Section 7 of the Victims’ Rights Act?
Courtesy and Compassion:
Victims should be treated with courtesy, compassion and respect by members of police, prosecutors, judicial officers, counsel, and court officials.
This section places into legislation what any good police officer should do during their entire career
What are the provisions of Section 8 of the Victims’ Rights Act?
Access to Service:
Victims and their families should have access to welfare, health, counselling and medical and legal assistance responsive to their needs.
What are the provisions of Section 11 of the Victims’ Rights Act?
Inform Victims of Services Available:
Members of police, officers of the court and health and social services personnel should inform victims at the earliest opportunity for the programmes, services and remedies available to them.
Victims have the right to know what services can provide assistance if they require it.
What are the provisions of Section 12 of the Victims’ Rights Act?
Supplying Information: Requires the prosecuting authority to advise victims of the: > Progress of the investigation > Charges filed or action taken > Date and place of proceedings > Outcome of proceedings
Many people are frightened of going to court as a witness, so you should explain in detail what will happen and what is required of them.
What is Perceived Cumulative Assessment (PCA)?
Your subjective assessment (and continuous reassessment) of an incident - using TENR - based on information known about the situation and the subject’s behaviour.
Under the Crimes Act 1961, List the 5 Sections that give you legal authority to use force.
> Section 39: Force used in executing process or an arrest
Section 40: Preventing escape or rescue
Section 41: Prevention of suicide or certain offences
Section 42: Prevent breach of the peace
Section 48: Self-defence and defence of another
List some of the tactical options and techniques (TENT/ TOF)
> Officer Presence and tactical communication
Mechanical restraints e.g. handcuffing
Empty hand techniques e.g. physical restraints and strikes
Baton - taser - dogs - weapon(s) of opportunity
Firearms and other force with serious implications
Explain Section 62 of the Crimes Act 1961: Excess of force
“Everyone authorised by law to use force is criminally responsible for any excess, according to the nature and quality of the act that constitutes the excess”
If you use force that is not authorised by law, or is excessive, the fact that you relied on the TOF will not justify or legitimise the use of force.
What is TENR? What does it stand for?
A systematic threat assessment process designed to:
> Increase staff and public safety
> Eliminate “preventable harm” and
> Reduce criticism of police
Threat, Exposure, Necessity, Response
What does EXPOSURE mean (TENR)?
EXPOSURE means the potential for harm (physical or otherwise) to people, or to the security pf places or things. Exposure can be managed through assessment and planning.
What does THREAT mean (TENR)?
THREAT is a function of someone or something else’s INTENT, CAPABILITY and OPPORTUNITY (within a particular ENVIRONMENT) to harm your physical wellbeing, your reputation or your organisational security - or simply to prevent you carrying out your duties.
A person or object likely to cause harm.
What does NECESSITY mean (TENR)?
NECESSITY involves assessing everything that is known about a situation to determine if there is a need for intervention and, if so, whether to act immediately or at another time.
What does RESPONSE mean (TENR)?
RESPONSE means acting in a proportionate and timely manner using appropriate tactics and tactical options, having considered all the known or reasonably predictable circumstances in any given situation.
What are the provisions of Section 51 under the Victims’ Rights Act?
A person’s property (other than property of the offender) held for evidential purposes must be returned as soon as practicable when it is no longer required as evidence.
Once exhibits are no longer required, they must be returned
What is the Tactical Operations Framework (TOF)?
It is a training and operational tool that assists constables to decide when, how, and at what level to use tactical option(s). The TOF guides constables to use force that is necessary and proportionate, given all the circumstances.
What does AWOCA stand for?
ASK, Explain WHY, Provide OPTIONS, CONFIRM,
ACT.
Explain why Police use Tactical Communications
> To gain compliance and cooperation from subjects
> To generate voluntary compliance
What are the two tests of compliance or enforcement officer must pass before exercising any powers?
> Is it LAWFUL?
>The exercise of any POWER needs to be REASONABLE
Define these job codes: 1S, 1M, 1X, 1K, 1V, 5F
Sudden death (1S), Mental distress (1M), Suicidal (1X), Intoxicated (1V), Family harm (5F)
What is SELF and what does it stand for?
SELF is a test we can apply to our behavior and decision making. SCRUTINY ENSURE COMPLIANCE LAWFUL FAIR
Summary Offences Act 1981 Section 11B Possession of graffiti implements
If without reasonable excuse he or she has in his or her possession a thing capable of being used to commit an offence against Section 11A in circumstances in which it can reasonably be inferred that he or she intends to use it to commit such an offence.
Summary Offences Act 1981 Section 14A Sale of spray cans to people under 18 prohibited
An offence to sell a spray can to a person under 18 years of age. Exceptions for students who may need it for educational purposes, or for those who were provided age documents and believed the buyer as over 18.
Summary Offences Act 1981 Section 14B Access to spray cans in shops to be restricted
Spry cans in shops must be stored in such a way that members of the public cannot access them without the help of the occupier, or an agent or employee of the occupier.
What is a 268 form?
A 268 form is a Property Record Sheet. This is to be completed when you bring evidence back to the station.
What is the meaning of the term “chain of evidence”?
Each person who has custody of an exhibit from its location until it is produced in court makes up the ‘chain of evidence’.
Why is the chain of evidence so important?
Each person in the chain must be able to detail how they cared for, safeguarded, and preserved the exhibit while it was under their control, and to whom they passed it on to.
If one of the steps cannot be proved, or is missing, it may raise doubts about whether it is in fact the actual exhibit, and it may not be admitted.
What is the procedure for dealing with an exhibit from its initial location until it is produced in court?
1) Locate the exhibit at the scene, record the exhibit’s details in your notebook, label it, secure it.
2) Complete a 268 form at the station.
3) Before the court hearing: obtain it from the exhibit store, check it is the way you left it, endorse the 268 or the exhibit register, prepare it for court, take it to court
4) At the hearing: advise prosecutor the exhibit is available, it is referred to in court, one witness wil produce the exhibit in court
5) After the hearing: An order for the return of the exhibit to the lawful owner is made or for its destruction if applicable, the exhibit remains with the court until the time for appeal has lapsed (28 days), you are responsible for uplifting the exhibit and returning it to owner.
