Mid term Exams

Exam Briefing - Law

• The law exam lasts 1.5 hours, starting at 7:30 am
• There are 20 multiple-choice questions and 8 short-answer questions (40 marks)
• The exam focuses on topics 12 and 13, and may include session 1
• Questions are targeted to test how test takers apply their knowledge
• Powers: Test takers should know how and when to use powers
• Arrests: Test takers should know how to make an arrest (touching, words, submission), and what questions to ask to establish the elements of an offense
• Ethics: Test takers should know the Code of Conduct and Statement of Values, including what areas may be breached and why
• Communications (Comms): Test takers should know what to say to a Person of Interest (POI) and the way to say it
• Investigations: Test takers should know how to prove the elements of a case

Areas to Concentrate On (Law)

• Section 197 of LEPRA: Deals with directions generally relating to a public place
• A move-on direction can be issued if someone is:
  • Causing fear
  • Harassing or intimidating others
  • Obstructing traffic
  • Procuring a prohibited drug
  • Supplying a prohibited drug
• Section 198 of LEPRA: Pertains to move-on directions to intoxicated persons
  • The person must be noticeably intoxicated and in a public place
  • The person must be likely to cause injury to another person, damage to property, risk to public safety, and/or disorderly behavior
• Section 204A of LEPRA: Outlines the steps to take when issuing a direction
  • An officer must provide their name, rank, and reason for exercising the power (IPE - Inform, Provide, Evidence)
  • They must also evidence that they're a police officer if not in uniform
• Alternatives to arrest include: No action, warning, caution, penalty notice, Field Court Attendance Notice (FCAN), and Future Court Attendance Notice (FSCAN)
• Section 99 of LEPRA: Grants the power to arrest without a warrant under certain conditions
  • A police officer can arrest someone if they suspect on reasonable grounds that the person is committing or has committed an offense
  • The police officer is satisfied that the arrest is reasonably necessary to:
    • Stop the person from continuing or repeating the offense, or committing another offence
    • Stop the person fleeing from a police officer or the location of the offence
    • Enable inquiries to be made to establish the person's identity, if the identity cannot be readily established or if the police officer suspects the identity information provided to be false
    • Ensure that the person appears before a court in relation to the offence
    • Obtain property in the possession of the person that is connected with the offence
    • Preserve evidence of the offence or prevent the fabrication of evidence
    • Prevent the harassment of, or interference with, any person who may give evidence in relation to the offence
    • Protect the safety or welfare of any person (including the person arrested) or due to the nature and seriousness of the offence

Other Law Definitions

• Determining when to caution an offender: Before questioning someone for an offence
• Difference between major and minor traffic crashes:
  • Major crashes involve fatalities or injuries, drivers leaving the scene without providing details, or drivers under the influence of drugs or alcohol
• Section 287 of Road Rules 2014 (NSW): This section outlines duties of a driver involved in a crash
• Definition of a public place (Summary Offences Act 1988 (NSW) s 3):
  • A place (whether or not covered by water) or a part of premises that is open to the public
• Definition of a public place (Crimes Act 1900 s 210 B):
  • Public unleashed land or premises to which the public, or a section of the public, has access whether by payment or not
• Definition of Offensive: Behavior that causes offense to a reasonable person, in, near or within hearing or view of a public place or school
• Subjective vs. Objective Tests:
  • Subjective test considers the offender's/victim's perspective
  • Objective test considers how a third person of reasonable firmness would perceive the situation
• Obscene Exposure (Summary Offences Act 1988 (NSW) s 5): Wilful and obscene exposure of the individuals genitals
• Elements of Offensive Conduct (Summary Offences Act 1988 (NSW) s 4 (1)):
  • The accused conducted themselves in an offensive manner in or near or within view of hearing from a public place or school
• Elements of Offensive Language (Summary Offences Act 1988 s 4 A (1)):
  • Accused used offensive language in or near or within view of hearing from a public place or school
• Definition of a Dangerous Implement:
  • A dangerous article, a knife (knife blade, razor blade), or any other implement made or adapted for use for causing injury to a person
• Section 199 of LEPRA: Deals with failure to comply with a direction
• Section 21 of LEPRA: Outlines the power to search, seize, and detain without a warrant in relation to stolen items, items used in an offense, dangerous articles, and supplying drugs
• Section 23 of LEPRA: Grants the power to search dangerous implements
• Section 27 of LEPRA: Grants the power to carry out a search on arrest
• Section 28A of LEPRA: Grants the power to carry out a search of a person in lawful custody
• Section 30 of LEPRA: Deals with general searches
• Section 31 of LEPRA: Deals with strip searches
• Section 32 of LEPRA: Deals with preservation of privacy and dignity during a search
• Section 33 of LEPRA: Outlines the rules for conducting a strip search
• Section 93 IB of the Crimes Act: Concerns custody of a knife in a public place or school
• T.H.I.S. Acronym (Reasonable Suspicion):
  • Time and location, history of person/location/vehicle, intelligence available, situation in which the interaction is taking place
• LEPRA Search Powers: Sections 21-33
• PCA Ranges:
  • Novice: 0.001 - 0.019 (RTA s 100 (1))
  • Special: 0.020 - 0.049 (RTA s 110 (2))
  • Low: 0.050 - 0.079 (RTA s 110 s (3))
  • Mid: 0.080 - 0.149 (RTA s 110 s (4))
  • High: 0.150 + (RTA s 110 s (5))
• The four components of every vehicle crash: The driver(s), the vehicle(s), the road/environment, and the elements specific to the offence
• Breath Test vs. Breath Analysis:
  • A breath test is conducted roadside and indicates a possible PCA offense, and leads to an arrest for the purpose of the breath analysis
  • A breath analysis is conducted at the station or RBT bus, after an arrest for a positive breath test or refusal to take the breath test.
• Passive vs. Standard Breath Test:
  • A passive test does not involve attaching the tube to the instrument until after a positive passive test
• Sobriety Assessment: Observation made by police, and arrest for failing or refusing to comply with a sobriety self assessment
• Section 112 of Road Transport Act 2013: Prohibits using or attempting to use a vehicle under the influence of alcohol or drugs, including driving, attempting to put the vehicle in motion, or (for licensed drivers) occupying the seat next to a learner driver
• Fatal crashes: Require drug and alcohol testing for any person involved
• Process for Fatal Crashes (Post Positive Breath Test): Take the driver back to the station to do PCA
• Process for Fatal Crashes (Post Negative Breath Test): Take the driver to the hospital to get a blood test
• Road Transport Act 2013 Offenses: Racing, attempts on speed records and other speed trials (s 115), conduct associated with road and drag driving and burnouts (s 116 (1)), aggravated burnouts (s 116 (2)), negligent driving (s 117 (1)(a)), negligent driving occasioning GBH (s 117 (1)(b)), speed and manner dangerous driving offense (s 118), and menacing driving (intent to menace) or possibility of menace (s 118 (2)).
• Crimes Act 1900 (NSW) Offenses: Predatory driving (s 51 A), dangerous driving occasioning death (s 52 A(1)), aggravated dangerous driving occasioning death (s 52 A (2)), dangerous driving occasioning GBH (s 52 A (3)), and aggravated dangerous driving occasioning GBH (s 52 A (4))
• Circumstances for Crimes Act 1900 s 52 A: High range PCA, 45 km/h over speed limit, driver trying to escape a police pursuit, and impaired by drugs and/or alcohol.
• Priorities at Serious Traffic Matters:
  • Assess and tend to injuries, advise VKG via SITREP, contact other emergency services, establish crime scene, preserve evidence, and guard crime scene

Comms/Ethics

• The Comms/Ethics exam lasts 1.5 hours, starting at 10 am
• There are 20 multiple-choice questions and 8 short-answer questions (40 marks)
• Exam covers Session 1 Material

Areas to Concentrate On (Comms/Ethics)

• Code of Conduct:
  • Requires honest behavior that upholds the values and reputation of NSW Police (on and off duty)
  • Acting with care and diligence, complying with policies/procedures/guidelines, and treating everyone respectfully
  • Complying with lawful directions, complying with the law, avoiding/reporting conflicts of interest, and protecting confidential information
  • Avoiding improper use of position/information/resources, and reporting misconduct
• Statement of Values:
  • Placing integrity above all, upholding the rule of law, preserving rights/freedoms, improving life quality through community involvement, striving for satisfaction, capitalizing on human resources, making efficient use of resources, and ensuring that authority is exercised responsibly
• Four Roles of Police: Law enforcer, negotiator, facilitator, and mediator
• Appropriate Use of Discretion: Using good judgement to determine the best course of action in a given situation
• Three Types of Conflicts of Interest:
  • Actual (conflict between duties/responsibilities), perceived (others interpreting interference), and potential (private interests interfering).
• Misconduct: An intentional breach of NSWPF policy. Under the Police Act (1990) s 211 F, police must report misconduct of other police officers
• Different Types of Empahy: Emotional - physically connecting, cognitive - knowing what the other person feels and what there thinking, compassionate - understanding the other persons situation
• Police Corruption
  • Noble - doing the wrong thing for the "wright" reason
  • Process - action being done for personal gain or advantage
• Stereotyping and prejudice:
  • Stereotypes: Beliefs about people based on their membership in a particular group.
  • Prejudice: A negative belief or feeling about a particular group of individuals.
• Managing Conflict: Using appropriate strategies to resolve disagreements or disputes effectively
• Charter of Victims Rights (Victims Rights and Support Act 2013 (NSW) s 6): A document outlining the rights and entitlements of victims of crime
• Communication Barriers: Language, environmental factors, issues of Inclusion, and issues of cultural awareness
• Overcoming Communication Barriers: Identifying initial stages, considering the environment, building rapport, and focusing on what's being said