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Police study 2 > Study for exam 2 > Flashcards

Study for exam 2 Flashcards

1
Q

Dealing with victims of sex offences?

A

C.A.L.M.T.E.A

C: Conduct your self in a sensetive and concerned manner.

A: Accept that they are telling you the truth until you prove the evidence that it is contrary to that
L: Listen to what they are saying, give them an opportunity to talk to you.
M:Check if they require any MEDICAL assistance.
T: Treat them with courtesy.
E: Explain about the procedures and why we need to follow this.
A: Advise them about local counselling.

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2
Q

What is the definition of mental disorder?

A

Abnormal state of mind, characterised by delusion or disorder by mood, perception, volition or cognition of such degree.
Poses a serious danger to the health or safety of that person or others and seriously dimisishes the capacity of that person to take care of himself or herself

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3
Q

what is restricted patient?

A

They are subject to compulsory treatment order but considered to present a danger to the public.

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4
Q

What is special patient?

A

They are detained by a way of court order if they are found to be criminally insane or unfit to plead. the category also includes people on remand for a psychiatric report.

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5
Q

Restricted patients and special patients absent without leave and abscond?
What to do?

A

If restricted patients and special patients abscond or are absent without leave may be apprehended and returned to hospital at any time.

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6
Q

What to do if compulsory treatment patients abscond?

A

Those patients who are absent without leave or fails to comply with an order may be apprehended and returned/taken to hospital if apprehended within three months of going missing.

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7
Q

What is Section 109 of mental health?

A

109 is Police powers in PUBLIC PLACE.
Any members of police may apprehend any person wandering at large in a public place, behaving in a manner that gives rise to a reasonable belief that he or she may be mentally disordered.

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8
Q

What is section 41 of mental health?

A

Assisting a D.A.O
Any member of police called upon in such circumstances may enter the premises by force if necessary.Detain the person in those premises until the assessment has been conducted or take the person to some other place nominated by the DAO for the purpose of a medical examination and detain at the location until the examination has been conducted.

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9
Q

What is section 110 of mental health?

A

Assisting medical practitioner.

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10
Q

Section 110(A) of mental health?

A

The doctor issuing the certificate may administer a sedative to the proposed patient if they consider it is necessary.

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11
Q

Section 110(C)

A

Police powers of entry when urgent assistance is needed.

When directed by Medical practitioner, enter the premises, detain and take.

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12
Q

Use of force for mental health?

A

Section 122B allows police to use reasonable force to take or retake a person, proposed patient or patient, a power to detail a person, proposed patient in sections 41,109,110
Power to enter premises in section 41 or 110.

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13
Q

When can we use the force to transport 1M?

GI M908

A

Can not use force to transport 1M without ensuring that an assessment notice has been served on and explained to them.
Force can only be used where it is likely the patient will be a danger to themselves or will be likely cause serious property damage.

Make every effort to reduce the risk of violence before the patient is transported.

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14
Q

What are the elements for possession of offensive weapon?

Public place

A 
Section 202A(4)(a) CA 1961
Without lawful authority or reasonable excuse : without a legal right or justification, authority or permission. No lawful, genuine or reasonable excuse.

Has with him or her : Has in their possession.

In any public place: same definitions as public place.

any knife: any cutting blade
or any offensive weapon : Any article made for use for causing bodily injury or any article altered for use for causing bodily injury or any article intended for use of causing bodily injury. OR any disabling substance : Anaesthetising or ooher substance produced or inteded for the purpose of disabling people.

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15
Q

What are the elements for possession of offensive weapons or disabling substances?
(In any place)

A

202A(4)(b)
Has in his or her possession : has in their possession.

In any place : Any place includes public and private places.

Any offensive weapon: any article capable of being used for causing bodily injury
OR
any disabling substance : substance produced or intended for the purpose of disabling person.

In circumstances that prima facie show an intention to use it to commit an offence involving bodily injury or the threat or fear of violence : Anctions by the offender show the intention to commit an offence involving bodily injury, threat of violence and fear of violence.

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16
Q

Defence for offensive weapon?

A

if they prove that they did not intend to use it to cmmit offence involving bodily injury or the threat or fear of violence.

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17
Q

Definitions of missing person?

A

Any person who is reported missing to Police, whose whereabouts are unknown and there are fears for the safety, or concerns for the welfare, of that person.

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18
Q

Three consideration for fears for safety.

A

ZAC:
Zone of safety
Age
Circumstance

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19
Q

What are the 4 types of 2M?

A

Voluntary,involuntary, lost due to event and missing overseas.

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20
Q

Genuine concerns for well being?

A

Age, Circumstances and influences.

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21
Q

What do you need to do after 2M is located?

A

enter the details of the place and circumstances in which he or she was found

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22
Q

What are the elements for indecent exposure?

A

In public place, with in a view of public place, intentionally and obscenely, expose her genitals.

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23
Q

What are the elements for indecent act?

A

wilfully does indecent act in any place or to which the public have or are permitted have access to OR within view of any such place.

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24
Q

What are the element for indecent act with insult or offend

A

with intent to insult or offend any person,

does any indecent Act , in any place

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25
Q

What are the elements for indecent assault?

A

Indecently assaults, another person.

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26
Q

What is section 128A of CA 1981?

A

Section 128A of the Crimes Act 1961, outlines circumstances where in sexual activity a person does not provide a legal consent. These circumstances are: • A person does not consent to sexual activity just because he or she does not protest or offer physical resistance. • A person does not consent to sexual activity if he or she allows the activity because of force applied to him / her or some other person; or threat (expressed or implied) or fear of the application of force to him / her or some other person. • A person cannot consent when they are asleep or unconscious. • A person cannot consent if they are so affected by alcohol or some other drug that they cannot consent or refuse to consent. • A person cannot consent if affected by intellectual, mental, or physical condition or impairment of such a nature and degree that they cannot consent or refuse to consent. • A person cannot consent where they are mistaken about the identity of the other person. • A person does not consent if they allow the act because they are mistaken about its nature and quality.

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27
Q

What are the elements for possession of a knife?

A
  • In a public place
  • without reasonable excuse
  • has any knife
  • In his or her possession.
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28
Q

What do you need to prove a Prima facie case in MDA?

A

Possesion,Knowledge,usable quantity.

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29
Q

Categories of offences?

A

Possession,cultivation,dealing,possession of instrument,permitting premises to be used.

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30
Q

Presumption of possession for supply?

What amounts are regarded as indication for supply?

A

100 Canabis cigarette, 28grams of canabis 0.5g of cocaine or heroine,5g of morphine, 5 g of Methamphetamine,56g of other controlled drug

31
Q

What are the elements of Possession OR use of controlled drugs?

A

Procure,Consume,Smoke,Possess,otherwise use and any controlled drug.

32
Q

What are the elements for Cultivation of Prohibited plants?

A

Cultivate - To grow or germinate.

Any prohibited plants

33
Q

permits use of premises OR permits use of vehicle?

A

Knowingly permits - Intentionally allows
Any premises - Land, building or structure including its surroundings
Motor vehicle - A contrivance equipped with wheels, tracks or revolving runners on which it moves or is moved.
Other mode of conveyance - any ther means of transport.
To be used for the purpose of the commission of an offence against the misuse of drugs act 1975.

To prosecute under this section, we must prove that the offender knowingly permitted another person to use either their vehicle or premises.

34
Q

Elements for possession of instruments 13(1)(a) and 13(3)?

A

Has in his possession
any pipe
any utensil
for the purpose of the commission of an offence against the misuse of drugs act

35
Q

Possession of instruments Section 13(1)(aa)

A

His in his possession
any syringe
any needle
for the purpose of the commission of an offence against misuse of drugs act.

36
Q

What are you required to prove when you charge a person for Poseession of instruments?

A

Need to prove that the untensil was in fact capable of use.

suspect was currently using it or intending to do so in the infure.

37
Q

The elements of “ideal” possession?

A

complete physical control over the thing
• knowledge of its: − existence − situation − qualities
• the thing is received from a person who intends to confer possession of it
• the thing is held with the intention to possess it exclusively of others.

38
Q

What to prove for the offence of cultivation of prohibited plants?

A

the offender must have completed an act that promoted the germination or growth of a plant and must have known the plant was prohibited.

39
Q

What is our vision?

A

To have trust and confidence it all

40
Q

What is our purpose?

A

Be safe and feel safe

41
Q

What is our motto?

A

Safer community together

42
Q

What is our mission?

A

To be the safest country

43
Q

Elements for Lawful in SELF TEST?

A

Laws,Regulations,Rules.

44
Q

Elements for Scutiny in SELF TEST?

A

Community, Police service and media.

45
Q

Elements for Ensure compliance in SELF TEST?

A

Code of conduct and oath of service and Policy

46
Q

Elements for Fair in SELF TEST?

A

Family,other,colleague and community

47
Q

Class A drug in Misuse drug act.

A

Meth, Heroin, LSD, Cocaine and Mushrooms.

48
Q

Class B drug?

A

Cannabis Oil,Ecstasy or MDMA, Morphine and Cannabis Resin

49
Q

Class C?

A

Cannabis Plant, BZP(Party pills), Codeine

50
Q

What does consent mean in sexual offence?

A

Consent is a person’s concious and voluntary agreement to something desired or proposed by another.

51
Q

What are the elements for possession of equipment, material and substance?

A

Has in his possession,
Any equipment or material capable of being used, or for, producing or manufactiuring a controlled drug or in the cultivation of a prohibited plant OR
any precursor substance.
With intent to use it for producing, manufacturing cultivation a controled drug.

52
Q

What is the elements for Unlawfully gets in or on to the vehicle?

A

Dishonestly: No belief that there was a consent or authority from the owner.
Without claim of rights: No belif that there was right to own or possess.
Gets in or on to : Physically gets in , Physicaly gets on
Any vehicle, ship, aircraft. any part of those.

53
Q

What is the definition of a Child and minor? in Domistic violence Act?

A

Under 17 years old(unless married)

Minor :17-19 years old if they are under 17 and married or in a de facto relationship they are minor as well.

54
Q

Identify four different relationship type in domestic relationship?

A

A person who is a partner of another, a person shares a same house hold, a person who is a family member of another and a person has close relationship with the another person.
However, Employer-employee , landlord and tenant and employee- employee dont fit the category for domestic relationshi

55
Q

Who can issue PSO?

A

Seargeant or above.

56
Q

What must you explain to person at risk and bound person when you issue PSO?

A

Effect of PSO, Purpose of PSO,Duration of PSO and Consequences of PSO.

57
Q

What can district court do to deal with PSO breach?

A

They can direct Police to issue another PSO , No further actions and order a temporary protection order within two hours.

58
Q

What can you do when they breach?

A

You trying to locate the bound person ASAP and taking him or her to custody by using reasonable force and take him to the Court within 24 hours.
If it not practicable to take to the Court in 24hours,
you have to summons them.

59
Q

Define and explain the three types of demoestic violence?

A

Physical,sexual and psychological abuse.

60
Q

Who can apply for a protection order?

A

A person who is or was in a domestic relationship with repondant
A representative of a child on the child’s behalf.
A representative of a person lacking capacity to make their own application
A third party on behalf of a victim.

61
Q

Before granting a P.O what are the two condition Court must consider?

A

There has been a domestic violence by the respondent or another.
The order must be necessary for the protection of the applicant or the applicants’s child or both.

62
Q

What three factors must the court consider when refusing a P.O?

A

the perception of the applicant, or a child of the applicant’s family, of the nature and seriousness of the behaviour in respect of which the application is made
The effect of that behaviour on the applicant or a child of the applicant’s family.
If the behaviour seems trival or minor when viewed or appears unlikely to recur, whether it neverthless forms part of a patter of behaviour that the applicant child or mailly needs protection from.

63
Q

When can you arrest for P.S.O?

A

You can arrest if they fail or refuse to remain when you detain.
You can arrest when they fail to appear to the Court when summonsed. W.T.A would be issued.

64
Q

When can a P.S.O not be issued?

A

if the alleged violent person is arrested for a family violence offence.
If the Person is under 17years of age(unless married)
if the alleged violent person is the subject of a protection order issued by the Family Court.
On rare occasions, if there is insufficient evidence for breaching P.O , can still issue a PSO.

65
Q

When does a temporary Protection Order, applied for without notice, become a final order?

A

After three months unless the repondent apply to the Court.

66
Q

What situation must the court be satisfied of, before granting a protection order for without notice?

A

The Court must be safisfied that a delay would or might entail risk of harm or undue hardship to the applicant.
a child of the applicant’s family.

67
Q

What is section 49(1)(A),(B),(49)(A)(1)

A 
Section 49(1)(A) is contravening protection order. Example: Respondent turns up to applicant's address ,txt or calling.
Section 49(1)(B) Fail to comply, such as dont surrender firearm.
49(A) fail to do programme which directed by Court.
68
Q

What is the power of arrest?

A 
Good cause to suspect section 50 of domestic Act
For 49(A)(1) for non attendance of programme, you can arrest that person under 315(2)(B)
69
Q

When a Respondent is served with a Protection, how long do they have to surrender their firearms or licence to Police?

A

As soon as practicable, no later than 24 hours.
On request, ASAP.
For PSO: immediately.

70
Q

When can a PSO be issued?

A

does not arrest the bound person ofr an offence involving the use of violence against the person at
Has reasonable ground to believe and the order is necessary to ensure the immediate safety of the person at risk.

71
Q

What factors should you consider when deciding to issue a PSO?

A

Whether it is likely that the alleged violent person has used, is using 5F or will use again.Welfare of any children residing with the person at risk.
The hardship that may be caused if the order is issued.

72
Q

Effect of a PSO?

A

surrender any weapon immediately.

vacate any land or building occupied by person at risk.

73
Q

What are the powers issuing a PSO?

A

Detain for 2 hours to obtain authority and to issue and serve the order. 2 hours starts when a constable decides that a PSO is required.

Police study 2 (1 decks)

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