Week 3: Police Powers

Question 1

What is an offence which is still considered common law in NSW:

Answer 1

• Breach of the Peace

Question 2

Define: Belief, Suspicion and Reasonable

Answer 2

Belief: some acceptance or conviction of the truth of the thing or fact
Suspicion: a suspicion is no particular view a thing exists, merely a positive feeling it may
Reasonable: A reasonable suspicion involves less than a reasonable belief but more than a possibility.

Question 3

What is an arrest? (TEA)

Answer 3

Total restraint of the personal liberty of another
Effective from the moment a person is not free to come and go as they please
An officer plainly conveys by words or actions that suspect is not free to leave.

Question 4

What are the four reasons for an arrest? (BOWS)

Answer 4

Breach of the peace
Offence has occurred
Warrant
Virtue of a SPECIFIC power

Question 5

What section of LEPRA for search on arrest?

Answer 5

LEPRA s.27: Power to carry search on arrest

Question 6

What section of LEPRA gives power to search and detain items in custody?

Answer 6

LEPRA s.28a - A police officer may search a person who is in lawful custody after arrest and seize and detain anything found on that search.

Question 7

Use of force powers:

Answer 7

LEPRA 230 use of force

LEPRA 231 - use of force during an arrest