Summative Phase 3B

Question 1

Police Caution **

Answer 1

I am now going to ask you some further questions.
You are not obliged to answer them, but anything you do say may be given in evidence.
Do you understand?

Question 2

SOA S78 (2) Person apprehended without warrant—how dealt with
(Verbatim)

Answer 2

If a person
is apprehended without warrant
on suspicion of having committed a serious offence,
a police officer may,
for the purposes of investigating the suspected offence,
before dealing with the person in accordance with subsection (1)—

(a) detain the person for whichever is the lesser of—

(i) the period necessary to complete the immediate investigation of the suspected offence; or

(ii) 4 hours or such longer period (not exceeding 8 hours) as may be authorised by a magistrate;
and

(b) take the person, or cause him or her to be taken, during the course of detention under paragraph (a), to places connected with the suspected offence.

Question 3

Arrest Criteria (Verbatim)

Answer 3

A member will use the power of arrest only when they have reasonable grounds to believe the arrest is necessary to:

• Ensure appearance before a court.
• Prevent the loss or destruction of evidence.
• Prevent the continuation or repetition of the offence.
• Prevent the commission of other offences.

Question 4

SOA S.81 (1) – search person in lawful custody**

Answer 4

(1) A person who is taken into lawful custody may be searched in accordance with this section and anything found as a result of the search may be removed

Question 5

SOA S.74A(1)**

Answer 5

74A—Power to require statement of name and other personal details

    (1)         Where a police officer has reasonable cause to suspect—

        (a)         that a person has committed, is committing, or is about to commit, an offence; or

        (b)         that a person may be able to assist in the investigation of an offence or a suspected offence,

the officer may require that person to state all or any of the person’s personal details.

Question 6

Close Physical Presence - Definition (Verbatim)

Answer 6

Close physical presence—
the requirement for an employee to be capable of immediately responding to an incident which involves a detainee.

Question 7

When do you use a firearm?

VERBATIM

Answer 7

A member may only use a firearm, which includes sighting or levelling it:

• When they believe on reasonable grounds it is necessary to protect life or prevent serious injury and they are satisfied no other means are available; or
• To lawfully destroy animals

Question 8

Assault s20(1) Not verbatim but verbatim

Answer 8

(1) A person commits an assault if the person, without the consent of another person (the victim)—

(a) intentionally applies force (directly or indirectly) to the victim; or

(b) intentionally makes physical contact (directly or indirectly) with the victim,
knowing that the victim might reasonably object to the contact in the circumstances
(whether or not the victim was at the time aware of the contact); or

(c) threatens (by words or conduct) to apply force (directly or indirectly) to the victim
and there are reasonable grounds for the victim to believe that—
(i) the person who makes the threat is in a position to carry out the threat and intends to do so;
or
(ii) there is a real possibility that the person will carry out the threat; or

(d) does an act of which the intended purpose is to apply force (directly or indirectly) to the victim; or

(e) accosts or impedes another in a threatening manner.

Question 9

5AA—Aggravated offences

Answer 9

(a) the offender committed the offence in the course of DELIBERATELY and SYSTEMATICALLY inflicting SEVERE PAIN on the victim;

(b) the offender USED, or THREATENED TO USE, an OFFENSIVE WEAPON to commit, or when committing, the offence;

(c) the offender committed the offence AGAINST A POLICE OFFICER, prison officer, employee in a training centre or other law enforcement officer—
(i) knowing the victim to be ACTING IN THE COURSE of his or her OFFICIAL DUTY;

(e) the offender committed the offence KNOWING that the VICTIM of the offence was, AT THE TIME OF THE OFFENCE—
(i) in the case of an offence against Part 3 Division 8A or Division 11A—under the
age of 14 years;
(ii) in any other case—UNDER THE AGE OF 12 YEARS;

(f) the offender committed the offence KNOWING that the VICTIM of the offence was, AT THE TIME OF THE OFFENCE, OVER THE AGE OF 60 YEARS;

(g) the offender committed the offence KNOWING that the VICTIM of the offence was a person with whom the offender was, or was formerly, in a relationship;

(h) except in the case of an offence against Part 3A, the offender COMMITTED THE OFFENCE IN THE COMPANY WITH 1 OR MORE OTHER PERSONS (including persons who are children)

Question 10

CLCA s134(1)—THEFT (AND RECEIVING)

Answer 10

134—THEFT (AND RECEIVING)

(1) A person is guilty of theft if the person deals with property—
(a) dishonestly; and
(b) without the owner’s consent; and
(c) intending—
(i) to deprive the owner permanently of the property; or
(ii) to make a serious encroachment on the owner’s
proprietary rights.

Question 11

What does “Deals with” include?

Answer 11

Deals with;
Deals with property in any other way; or
(a) takes; or
(b) obtains; or
(c) receives; or
(d) converts; or
(e) disposes.

Question 12

Acronym

IVPAID DOC DOSER

Answer 12

I Identity
V Value

P Property
A Acted
I Intent
D Dishonestly

D Deals- takes, obtains, receives converts or disposes
O Owner
C Consent (lack of)

D Deprive owner permanently
O Or
S Serious
E Encroachment
R Rights (claim of and proprietary)

Question 13

UNLAWFUL POSSESSION - s41(1) SOA

Answer 13

(1) A person who has possession of personal property which, either at the time of possession
or
at any subsequent time before the making of a complaint under this section in respect of the possession,
is reasonably suspected of having been stolen
or
obtained by unlawful means,

is guilty of an offence

Question 14

Deception definition

Answer 14

deceive means to engage in deception;
deception means a misrepresentation by words or conduct and includes—

(a) a misrepresentation about a past, present or future fact or state of affairs; or
(b) a misrepresentation about the intentions of the person making the misrepresentation or another person;
or
(c) a misrepresentation of law;

Question 15

time not included in prescribed period

S78(2a) SOA

Answer 15

(2a) In determining the period that has elapsed since the apprehension of a person for the purposes of subsection (2)(a), the following will not be taken into account:

(a) any delay occasioned by ARRANGING FOR a SOLICITOR or other person to be present during the investigation;

(b) any delay occasioned by allowing the person to receive MEDICAL ATTENTION;

(c) the time that would have been reasonably required to CONVEY the person from the place of apprehension to—
(i) the nearest custodial police station; or
(ii) the designated police facility,
(assuming that the person had been taken as soon as reasonably practicable to the custodial police station or designated police facility).

Question 16

A serious offence (as per S78 SOA)

Answer 16

• Any indictable offence or
• Any offence punishable by imprisonment for 2 years or more.

Note: For a Simple Identity Procedure a serious offence is:
- An indictable offence
- A summary offence that is punishable by imprisonment

Question 17

Cell Guard responsibilities

Know like 5

Answer 17

 ensure the management of detainees is respectful, safe and humane

 ensure each cell is checked for any article that may be used to inflict harm and/or cause damage prior to lodgement and after removal of the detainee

 complete and maintain the Shield ident/fingerprint report

 comply with the directions of the O/C cells and notify the O/C cells when requirements and/or Care plans cannot be met

 familiarise themselves with the detainee’s custody records at the beginning of shift being particularly mindful of issues relating to officer safety, detainee health and/or high need detainees

 ensure detention log entries are made when:
- a mandated detainee check is conducted
- a detainee is otherwise engaged outside of mandated detainee checks
- a detainee’s wellness, behaviour or attitude changes
- a detainee makes threatening, self-harm or suicidal comments

 ensure the cell guard conducting the detainee check personally signs the log entry on Shield with their details

 not engage in any duties such that may distract from the primary responsibility towards safely and securely managing detainees

Question 18

Cell guard equipment

Answer 18

This equipment must be worn by every member responsible for the safe and secure management of detainees in a SAPOL cell complex:

● cell keys
● GRN radio
● Hoffman safety tool
● ASP baton
● handcuffs
● defensive spray (streamer).

Question 19

CELL INSPECTIONS

Answer 19

Ensure each cell is inspected for any article that may be used to inflict harm/and or cause damage prior to lodgement and after removal of the detainee.

Is also free of rubbish after a detainee has been removed and that the Perspex camera covers are clean/free of obstruction.

Ensure that the CCTV/Intercom systems are correctly operating in cells occupied by detainees.

Question 20

Self Harm Indicators
List 10

Answer 20

Self-harm indicators

 no previous arrest
 nature of the charge
 indignity and the shame of arrest
 social and employment consequences
 fear of the legal process
 fear of confinement
 signs of anxiety
 signs of illness or injury
 signs of drug withdrawal
 history of psychiatric illness
 history of acts of self-harm/suicidal behaviour

Question 21

Medical Emergency

Answer 21

The O/C CELLS or CELL GUARD must ensure a person in custody, including a person
detained under the Public Intoxication Act 1984, is TREATED AS A MEDICAL EMERGENCY and an AMBULANCE is called IMMEDIATELY, when that person has:

 been rated as a HIGH NEEDS DETAINEE and requires medical assessment

 AN IMPAIRED STATE OF CONSCIOUSNESS for example:
- no/minimal response to commands
or stimulation
- incapable of rational conversation
- persistently or intermittently drowsy
and/or sleepy
 DIFFICULTY BREATHING
 complained of SEVERE ADOMINAL, CHEST, LIMB or HEAD PAIN
 suffered an EPILEPTIC SEIZURE

Where possible never leave a semiconscious or unconscious person alone and always place them in the recovery position

Question 22

ELIGIBILITY FOR BAIL - s4(1)(a)-(f) BA

Answer 22

(1) The following persons are eligible for release on bail under this Act:

(a) a person who has been TAKEN INTO CUSTODY—
(i) ON A CHARGE OF AN OFFENCE; or
(ii) in the case of a CHILD—on SUSPICION of having committed an offence;

(b) a person who has been CONVICTED of an offence but has NOT been SENTENCED for that offence;

(c) a person who has been CONVICTED OF, AND SENTENCED for, an OFFENCE but has NOT EXHAUSTED ALL RIGHTS OF AN APPEAL against the conviction or sentence, or to have it reviewed;

(d) a person who is appearing before a court for allegedly failing to observe a condition of a recognizance;

(e) a person who appears before a court in answer to a SUMMONS (including a person who so appears as a witness);

(f) a person who has been arrested on a WARRANT and is appearing or is to appear before a court as a witness;

Question 23

23—Causing serious harm

Answer 23

23—Causing serious harm
(1) A person who causes serious harm to another, intending to cause serious harm, is guilty of an offence.

Question 24

24—Causing harm

Answer 24

(1) A person who CAUSES HARM to another, INTENDING TO CAUSE HARM, is guilty of an offence.

Question 25

Definition of “Harm”

Answer 25

harm means physical or mental harm (whether temporary or permanent);

Question 26

Definition of “Mental Harm”

Answer 26

mental harm means psychological harm and does not include emotional reactions such as distress, grief, fear or anger unless they result in psychological harm;

Question 27

Definition of “Physical Harm”

Answer 27

physical harm includes—
(a) unconsciousness;
(b) pain;
(c) disfigurement;
(d) infection with a disease;

Question 28

Difinition of “Serious Harm”

Answer 28

serious harm means—
(a) harm that endangers a person’s life; or
(b) harm that consists of, or results in, serious and protracted impairment of a
physical or mental function; or
(c) harm that consists of, or results in, serious disfigurement.

Question 29

SOA S.74A (5) – which personal details

Answer 29

(5) In this section—

“personal details”, in relation to a person, means—

        (a)         the person's full name; and

        (b)         the person's date of birth; and

        (c)         the address of where the person is living; and

        (d)         the address of where the person usually lives; and

        (e)         the person's business address; and

        (f)         if the police officer has reasonable cause to suspect that a person has committed, is committing, or is about to commit a sexual offence involving a child or children—the name and address of any place where that person works (whether as an employee, an independent contractor, a volunteer or in any other capacity).

Question 30

OBLIGATION TO RECORD INTERVIEWS - s74D SOA

Answer 30

(1) An investigating officer who suspects, or has reasonable grounds to suspect, a person (the suspect) of having committed an indictable offence
and
who proposes to interview the suspect must ensure the following requirements are complied with:
(a) if it is REASONABLY PRACTICABLE to make an AUDIO VISUAL RECORDING of the INTERVIEW, an audio visual record of the interview MUST BE MADE;

(b) if it is NOT REASONABLY PRACTICABLE to make an AUDIO VISUAL record of the interview but it is REASONABLY PRACTICABLE to make an AUDIO RECORD of the interview, an audio record of the interview MUST BE MADE;

(c) if it is not reasonably practicable to make either an audio visual record or audio record of the interview—
(i) a written record of the interview must be made at the time of the interview or as soon as practicable after the interview;
and
(ii) as soon as practicable after the interview, the record must be read aloud to the suspect and an audio visual record made of the reading;
and
(iii) when the audio visual recording begins (but before the reading begins) the suspect must be invited to interrupt the reading at any time to point out errors or omissions in the record;

Question 31

Deception offence s139 CLCA

Answer 31

139—Deception
A person who deceives another and, by doing so—
(a) dishonestly benefits him/herself or a third person; or
(b) dishonestly causes a detriment to the person subjected to the deception or a
third person,
is guilty of an offence