Podcast
Questions and Answers
According to LEPRA s21, what conditions must a Police Officer (PO) suspect on reasonable grounds to stop, search, detain, and seize items from a person?
According to LEPRA s21, what conditions must a Police Officer (PO) suspect on reasonable grounds to stop, search, detain, and seize items from a person?
- The person is carrying a large bag.
- The person refuses to answer the PO's questions.
- The person is behaving suspiciously near a school.
- The person has anything stolen or unlawfully obtained, intended to be used in connection with a relevant offense, a dangerous article in a public place, or a prohibited plant or drug. (correct)
According to LEPRA s23, a Police Officer needs a warrant to search for dangerous implements in a public place or school.
According to LEPRA s23, a Police Officer needs a warrant to search for dangerous implements in a public place or school.
False (B)
Under LEPRA s27, what three things could a person possess after arrest that would allow a PO to search them?
Under LEPRA s27, what three things could a person possess after arrest that would allow a PO to search them?
danger to a person; assist escape from lawful custody; related to offence committed; evidence related to offence; used/intended in connection with offence
According to LEPRA s36, a PO needs reasonable grounds to suspect a vehicle contains anything ______ or unlawfully obtained.
According to LEPRA s36, a PO needs reasonable grounds to suspect a vehicle contains anything ______ or unlawfully obtained.
Match the LEPRA sections with the corresponding actions:
Match the LEPRA sections with the corresponding actions:
Under what circumstances, as defined by the MHA, can an Ambulance Officer detain a mentally ill/disordered person?
Under what circumstances, as defined by the MHA, can an Ambulance Officer detain a mentally ill/disordered person?
According to MHA s21, a police officer needs a warrant to assist an ambulance officer in detaining a mentally ill/disordered person.
According to MHA s21, a police officer needs a warrant to assist an ambulance officer in detaining a mentally ill/disordered person.
According to MHA s81(4), what two things could a detained mentally ill/disordered person on transport do that would allow a PO to search them?
According to MHA s81(4), what two things could a detained mentally ill/disordered person on transport do that would allow a PO to search them?
According to MHA s22, a PO may detain and transport a mentally ill/disordered person to a mental health facility if they believe on reasonable grounds the person is committing or has recently committed an ______.
According to MHA s22, a PO may detain and transport a mentally ill/disordered person to a mental health facility if they believe on reasonable grounds the person is committing or has recently committed an ______.
According to Road Transport Act 2013, who can be charged with a DUI offense?
According to Road Transport Act 2013, who can be charged with a DUI offense?
According to Road Transport Act 2013, schedule 3, blood samples must be taken from all patients in hospitals who have been involved in car accidents.
According to Road Transport Act 2013, schedule 3, blood samples must be taken from all patients in hospitals who have been involved in car accidents.
Under what circumstances can police arrest someone following a failed/refused breath test, according to LL.4/SCH.3 RTA?
Under what circumstances can police arrest someone following a failed/refused breath test, according to LL.4/SCH.3 RTA?
According to s. 9 LEPRA, a PO may gain entry into a premises if they reasonably suspect there has been a ______ of peace.
According to s. 9 LEPRA, a PO may gain entry into a premises if they reasonably suspect there has been a ______ of peace.
Match the PCA ranges with the corresponding licence types:
Match the PCA ranges with the corresponding licence types:
According to s. 68 LEPRA, what must a PO do before entering a dwelling?
According to s. 68 LEPRA, what must a PO do before entering a dwelling?
According to s. 85 LEPRA, a PO who enters a dwelling house has the power to enquire about any firearms on premises.
According to s. 85 LEPRA, a PO who enters a dwelling house has the power to enquire about any firearms on premises.
According to s. 197, what is the term given to a person's behaviour that gives a police officer grounds to give direction in a public place?
According to s. 197, what is the term given to a person's behaviour that gives a police officer grounds to give direction in a public place?
According to s. 198, a PO may direct a noticeably affected intoxicated person in a public place to ______ and not return when it is likely they will cause harm or behave disorderly.
According to s. 198, a PO may direct a noticeably affected intoxicated person in a public place to ______ and not return when it is likely they will cause harm or behave disorderly.
Match the street offences with the SOA sections:
Match the street offences with the SOA sections:
Flashcards
LEPRA s21 (SOAP)
LEPRA s21 (SOAP)
Gives police the power to stop, search, detain and seize items if they suspect someone has stolen goods unlawfuly, relevant offence, dangerous article or prohibited plant/drug
LEPRA s27 (DEOEO)
LEPRA s27 (DEOEO)
Allows a police officer to search someone after arrest if they reasonably suspect the person has something that could be a danger, to assist escape, related to the offence, evidence or used/intended in connection with the offence
LEPRA s36 (SOOAPS)
LEPRA s36 (SOOAPS)
Allows a police officer to search a vehicle and seize items if they suspect the vehicle contains stolen goods, items intended for an offence, a dangerous article or a prohibited plant/drug, or poses a risk to public safety
LEPRA s. 9 – Entry in emergencies
LEPRA s. 9 – Entry in emergencies
Signup and view all the flashcards
LEPRA s. 10 – Power to enter
LEPRA s. 10 – Power to enter
Signup and view all the flashcards
s 85 LEPRA – Powers
s 85 LEPRA – Powers
Signup and view all the flashcards
LEPRA s99 - Power of PO to arrest
LEPRA s99 - Power of PO to arrest
Signup and view all the flashcards
LEPRA s99 - Power of PO to arrest
LEPRA s99 - Power of PO to arrest
Signup and view all the flashcards
LEPRA s99 - Power of PO to arrest
LEPRA s99 - Power of PO to arrest
Signup and view all the flashcards
S197- Power of direction
S197- Power of direction
Signup and view all the flashcards
S197- Power of direction
S197- Power of direction
Signup and view all the flashcards
S197- Power of direction
S197- Power of direction
Signup and view all the flashcards
S197- Power of direction
S197- Power of direction
Signup and view all the flashcards
S197- Power of direction
S197- Power of direction
Signup and view all the flashcards
elements of assault.
elements of assault.
Signup and view all the flashcards
SOA s4 – Offensive Language
SOA s4 – Offensive Language
Signup and view all the flashcards
What is SOA s5 – Obscene Exposure?
What is SOA s5 – Obscene Exposure?
Signup and view all the flashcards
What is Domestic Relationship?
What is Domestic Relationship?
Signup and view all the flashcards
What is Meaning of Stalking.
What is Meaning of Stalking.
Signup and view all the flashcards
What is non-voluntary exclusion
What is non-voluntary exclusion
Signup and view all the flashcards
Study Notes
- Search Powers (PACDVD)
LEPRA S21 - Search Persons & Seize & Detain Things Without Warrant
- LEPRA s21 gives police the power to stop, search, detain persons, and seize things (SOAP).
- This is applicable if a PO suspects on reasonable grounds the person has anything stolen/unlawfully obtained, anything intended to be used/connected with a relevant offense, a dangerous article in a public place or used/connected with relevant offense, or a prohibited plant or drug
LEPRA s23 - Power to Search for Dangerous Implements Without Warrant
- LEPRA s23 gives the power to Search for dangerous implements without a warrant in a public place/school.
- A PO may search a person in public place/school on reasonable grounds if person has a dangerous implement (designed to injure/hurt someone).
- The search can include a student's locker or a bag or other personal effect that is inside the locker.
- A PO may seize and detain anything found as a result of the search they suspect is a dangerous implement.
LEPRA s27 - Search of Person After Arrest
- LEPRA s27 pertains to the search of a person after arrest (DEOEO).
- PO may search a person after arrest if the PO has reasonable suspicion the person has anything in their possession which could: be a danger to a person, assist a person to escape from lawful custody, be related to offense been committed, be evidence related to offence or be used/intended to be in connection with an offence.
LEPRA s28A - Search of Person in Custody After Arrest
- LEPRA s28A pertains to the search of a person in custody after arrest.
- PO may search a person who is in lawful custody after arrest and seize and detain anything found on that search.
- Search may be carried out at a police station, place of detention, or immediately before transport to either of these locations.
LEPRA s36 - Power to Search Vehicles and Seize Things
- LEPRA s36 pertains to the power to search vehicles and seize things (SOOAPS).
- If PO suspects on reasonable grounds the vehicle or its occupants: are in possession of anything stolen/unlawfully obtained, are in possession of anything intended to be used/connected with a relevant offence, has previously/currently/may have been used in connection with a relevant offence, are in possession of a dangerous article, or are in possession of a prohibited plant or drug
- This is done if give rise to a serious risk to public safety and a search lessens the risk.
LEPRA S208 - Search Detained Intoxicated Persons
- LEPRA S208 pertains to the power to search detained intoxicated persons and take possession of belongings.
- PO must return personal belongings when person is no longer detained.
MHA POWERS
- MHA Powers relate to the Mental Health Act.
MHA s81 - Police Roles in Transporting Mentally Ill/Disordered
- MHA s81 pertains to the police roles in transporting mentally ill/disordered persons.
- Must respect rights and dignity, use least restrictive under the circumstances, not use restraints unless it depends under the circumstances, consider appropriate measures for risk factors and act as promptly as practicable.
MHA s20 - Detention by Ambulance Officer of Mentally Ill/Disordered
- MHA s20 pertains to detention by an ambulance officer of mentally ill/disordered if they believe it would be beneficial to the person's welfare and may request a PO to assist
MHA s21 - Police Assistance in Detention by Ambulance Officer
- MHA s21 pertains to police assistance in detention by an ambulance officer.
- A police officer to whose notice a police assistance endorsement on a mental health certificate, or a request for assistance by an ambulance officer under this division, is brought must, if practicable: apprehend and take or assist in taking the person the subject of the certificate or request to a declared mental health facility, or cause or make arrangements for some other police officer to do so.
- A police officer may enter premises to apprehend a person under this section and may apprehend any such person, without a warrant and may exercise any powers conferred by section 81 on a person who is authorized under that section to take a person to a mental health facility or another health facility.
MHA s81(4) - Search Detained Mentally Ill/Disordered Persons
- MHA s81(4) pertains to the search of detained mentally ill/disordered persons.
- PO may search person on transport to a mental health facility if reasonable suspicion the person has anything which could: be a danger or assist in the person escaping from lawful custody.
MHA s22 - Detention by Police Officer of Mentally Ill/Disordered
- MHA s22 pertains to the detention by a police officer of a mentally ill/disordered person.
- PO may detain and transport a mentally ill/disordered person to a mental health facility if they believe on reasonable grounds the person is committing or has recently committed an offence, has recently attempted to kill themselves or another person, or it is likely they will do so, has attempted to cause serious physical harm to themselves or others, and it would be beneficial to the person's welfare to be dealt with according to the MHA.
- PO may exercise powers (reasonable force, search, and transport).
TRAFFIC
- Blood samples to be taken in hospitals from accident patients.
- The testing for alcohol and drug use done under the Road Transport Act 2013 (NSW) schedule 3.
Road Transport Act 2013 sch 3 s 11
- Blood samples to be taken in hospitals from crash patients under the Road Transport Act 2013 sch 3 s 11.
- This clause provides that medical professionals must take blood samples in certain circumstances from patients who have been involved in a crash, to check for drugs and alcohol.
Road Transport Act 2013 sch 3 s 24
- Analysis of blood samples taken under clause 11 (for Alcohol and Drugs). This clause provides further details on how blood samples taken from drivers involved in a crash are to be analysed.
Who can be charged with a DUI offence: Road Transport Act 2013 s 112
- The driver of a vehicle.
- A person occupying the driver's seat and attempting to put the vehicle into motion.
- The holder of a driver's license and seated next to a learner license holder driving a motor vehicle.
PCA RANGES
- Novice Range PCA: 0.001-0.019 applies to learner license holders, P1 and P2, unlicensed drivers.
- Special Range PCA: 0.020-0.049 applies to L, P1, P2, disqualified drivers, unlicensed drivers, professional drivers (eg Bus driver).
- Low Range PCA: 0.050 - 0.079 applies to L, LR, MR, HR, HC, MC and full unrestricted licenses.
- Middle Range PCA: 0.080 - 0.149 is a serious offense.
- High Range PCA: 0.150 or higher is an extreme offense.
Licence Classes
- C is a car with GVM Limit: 4.5t.
- R is a rider of motorcycles and scooters.
- LR is light rigid with GVM Limit: 8t and Trailer Limit: 9t.
- MR is medium rigid with GVM Limit: 8+t and Trailer Limit: 9t for 2 or more axles.
- HR is heavy rigid with GVM Limit: 8+t and Trailer Limit: 9t for 3 or more axles.
- HC is a heavy combination; prime movers towing a semi-trailer, or rigid vehicles towing trailers over 9t.
- MC is a multi combination with multi combination vehicles such as road trains and B-doubles.
Priorities - Attending a crash scene
- A - Attend, assess and advise.
- I - Injured to be tended to.
- D - Driver and witness identities.
- B - Breath test drivers where possible.
- I - Impact preliminary point of.
- T - Traffic ensure the free flow.
- C - Crash investigation.
- H - How and who is at fault.
Arrest following a failed/refused breath test
- LL.4/SCH.3 RTA arrest following a failed/refused breath test.
- Take person to a police station or other place and detain for breath analysis.
- Take person to a hospital or prescribed place to provide with a blood sample if they have refused breath analysis.
- You may use reasonable force in doing so.
DV RELATED POWERS, ENTRY, SEARCHING, SEIZING AND DETAINING
- DV Powers relate to Domestic Violence.
s. 9 LEPRA – Entry in Emergencies
- PO may gain entry on reasonable suspicion the following is occurring or likely to occur: Breach of peace, person has suffered significant physical injury (or there is imminent danger of this), the body of a person who has died, and consent cannot be given
- PO may only enter and remain on the property only as long as it is reasonably necessary in the circumstances.
s. 10 LEPRA - Power to Enter to Arrest or Detain Someone or Execute Warrant
- Detain a person under an Act or arrest a person named in a warrant.
- Police may search the premises for the person under this Act.
s. 68 LEPRA – Proper Announcement Before Entry
- PO on entry to a dwelling must: Make presence known/knock "I am CST Stevenson", announce their office "from Rossiville Police Station", state their reason for entry "There has been a report of disturbance in this area" and allow adequate time to comply "Do you mind if we come in".
- Generally relates to warrants but is considered best practice when entering a dwelling.
s. 82 LEPRA – Entry by Invitation
- A PO who is invited into a dwelling by anyone who apparently resides in the dwelling may stay for the following purposes: Investigate whether a DV offence has been committed. Take action to prevent the commission or further commission of a DV offence.
- So long as the PO believes on reasonable grounds that a DV offence is occurring, has recently occurred, is likely to occur, or is imminent.
- Invitations are valid from both children and adults residing in the dwelling.
- PO may no longer remain on premises if permission to stay is expressly refused by all occupants of the dwelling.
s. 82 (3A) LEPRA – Entry by Invitation
- A police officer who has entered a dwelling in accordance with this section may remain in the dwelling and exercise any of the following powers until such time as a warrant is issued under section 83 in relation to the dwelling: direct a person to leave, or not to enter, the dwelling, remove from the dwelling a person who fails to comply with direction to leave the dwelling, prevent a person from entering the dwelling prevent a person from removing evidence from or otherwise interfering with the dwelling or anything in it and, for that purpose, detain and search the person.
s. 83 LEPRA – Warrant Where Entry Denied or Authority to Remain Refused
- PO may apply for a warrant if they have been denied entry to a specific dwelling and the PO believes on reasonable grounds that a DV offence is occurring, has recently occurred, is likely to occur, or is imminent AND It is necessary to enter the premises to: investigate whether a DV offence has been committed or take action to prevent the commission or further commission of a DV offence.
s. 85 LEPRA – Powers That May Be Exercised On Entry To Premises
- PO who enters a dwelling house under this part may: PIARF: investigate whether a DV offence has been committed, render aid to any person who appears to be injured, exercise any lawful power to arrest a person, prevent the commission (or further commission) of a DV offence, and enquire about any firearms on premises.
- PO may remain in the dwelling only as long as is necessary to take the above actions.
s. 86 LEPRA – Police May Enter And Search Firearms
- (1) A PO who is informed that no firearms exist in the dwelling but reasonably suspects otherwise must apply for a search warrant.
- (2) PO may only apply for a warrant if they believe on reasonable grounds a DV offence is occurring, has recently occurred, is likely to occur, or is imminent or persons concerned may have a firearm in the dwelling.
- (3) Search warrant allows PO to: enter and search the dwelling concerned for firearms and seize and detain any firearms that may be found in the dwelling.
s. 87 LEPRA - Search and Seizure Powers
- PO who enters a dwelling under this act may search, seize and detain a: dangerous article or dangerous implement (other than a laser pointer).
s. 212 LEPRA – Application of the Return of Seized Dangerous Articles or Confiscated Dangerous Implements
- The owner of the firearm may make an application for the return of the firearm/s within 28 days if they have not been suspended from holding a firearms licence.
s. 89 CDPVA – Detention of Defendant for Making and Service of Interim Apprehended Personal Violence Order
- PO who is making or about to make an application for a Provisional or Interim APVO may give the direction to a person to: remain at the scene of the incident or if the person has left the scene, to remain at another place where the PO can locate them.
- PO may detain the person if they refuse any of these directions.
s. 89A CDPVA - Detention of Defendant for Making and Service of Interim Apprehended Domestic Violence Order
- PU who is making or about to make an application for a Provisional or Interim ADVO may give the direction to a person to remain at the scene of the incident if the person has left the scene, to remain at another place where the PO can locate them, go to and remain at a location agreed upon by the person, go to and remain at a police station, accompany a PO to a police station and remain there, accompany a PO to another location agreed to by the person, or accompany a PO to another location (whether or not) agreed to by the person for the purposes of medical treatment.
- PO may detain the person if they refuse any of these directions.
- PO may detain the person in a police vehicle for a reasonable amount of time to transport them.
ARREST POWERS
- LEPRA s99 - Power of PO to Arrest
LEPRA s99 - Power of PO to Arrest
- (1)(A) A police officer suspects on reasonable grounds that the person is committing or has committed an offence and (1)(B) the police officer is satisfied that the arrest is reasonably necessary for any one or more of the following reasons: To stop the person committing or repeating the offence or committing another offence, to stop the person fleeing from a police officer or the location of the offense to enable inquiries to be made to establish the person's identity if it cannot be readily established, or the police officer suspects on reasonable grounds that the identity information provided is false, to ensure the person appears before a court in relation to the offence, to obtain property in possession of the person that is connected with the offense to preserve the evidence of the offence or prevent the fabrication of evidence, to prevent the harassment of or interference with any persons giving evidence in relation to the offence, to protect the safety and welfare of any persons (including the person arrested), or because of the nature and seriousness of the offence.
S197
- A police officer may give a direction to a person in a public place if the police officer believes on reasonable grounds that the person's behavior or presence in the place (referred to in this Part as "relevant conduct"): is causing fear, harassment/intimidation, obstructing traffic, procuring or purchasing any prohibited drug or supplying or intending to unlawfully apply a prohibited drug.
S.198
- PO may direct a noticeably affected intoxicated person in a public place to leave and not return when it is likely he/she will: injure person or damage property or cause a public hazard or behave disorderly
- Direction must stop or prevent injury/damage/public risk/disorderly behavior.
- Not necessarily in a "public place" and may be near during the conduct.
- 6-hour limit. PO must warn the person it is an offence to return and behave this way.
S.198A
- May give directions to groups.
- Not required to repeat direction to the entire group.
- Do not assume that everyone has received the direction.
s199 - Failure to Comply With Direction
- A person must not, without a reasonable excuse, refuse or fail to comply with direction.
PPP149-LAW: STREET OFFENCES
SOA s4 - Offensive Behaviour / Conduct
- Elements: the accused conducted themself in an offensive manner, in or near, or within view or hearing from a public place or school
SOA s4A - Offensive Language
- Elements: the accused used offensive language in or near or within hearing from a public place or school.
SOA s5 - Obscene Exposure
- Elements: the accused wilfully or obscenely exposed his or her person in or near, or within view from a public place or school.
SOA s3 - Public Place
- A place (whether or not covered by water), or a part of premises that is open to the public, or is used by the public whether or not on payment of money or other considerations, whether or not the place or part is ordinarily so open or used and whether or not the public to whom it is open consists only or a limited class of persons, BUT does not include a school
SOA s3 - Knife
- A knife blade, razor blade, or any other blade.
- Does not include anything declared by the regulations that is excluded from this definition.
SOA s11C - Custody of Knife in a Public Place or School
- Elements: The accused has in his or her custody a knife without a reasonable excuse in a public place or school.
ALTERNATIVES TO ARREST
- No Action: if offense is minor and police presence is enough for it to cease.
- Warning/Caution: issue warning and cautions for an offence of a minor nature on the spot.
- Criminal Infringement Notice: A form of a Fixed Penalty Notice (FPN) where a fine can be paid instead of going to court.
- Confirm identity, with a maximum of 4 issued at one time, and it being possible to deal with multiple offences in same manner.
CINS (Criminal Infringement Notice)Issued For:
- Larceny (<$300) CA s117
- Goods in Custody CA s527c
- Offensive Language SOA S4A
- Offensive Conduct SOA s4
- Obstructing Traffic SOA s6
- Unlawful entry on a vehicle or boat SOA s6a
- Continuation of behaviour following a move on direction SOA s9
- Possess Prohibited Drug BMATA S10
CINS Not Issued For:
- Domestic violence offences and assault offences
- People seriously intoxicated or drug-affected (unable to comprehend)
- Continuing offences
- Arrest warrant is current
- Where further investigation is needed
- Police officers
- Demonstrations or protesting
Field Court Attendance Notice (FCAN)
- A way of charging someone with an offence and providing a court date.
- Issued on the spot or mailed if they leave.
- Issued when (A-BIG-VICE): Appearance in court by accused is ensured, bail conditions not required, identity confirmed, Guide card (FCAN book) lists offence, victims or witnesses will not be intimidated by the accused, investigation is complete, continuation of offence will not occur, and evidence or investigation will not be interfered with.
- Not issued for (SJAW): Strictly indictable and domestic violence offences are committed, juveniles, except traffic offences when of a licensable age, accused under the influence of alcohol or drugs, and accused has outstanding warrants (must be returned to a station first)
Future Service Court Attendance Notice (FSCAN)
- Similar to an FCAN but when further investigation is required. Served or mailed.
- Court date must fall between 6-22 weeks after date of issue.
- PO may apply to court for substitute service (fax, mail, email (indictable offences only).
- If accused cannot be located, becomes a 'Wanted CAN' so other police know.
- Summary offences PO may serve to accused, to a person at work/home or OIC if in a correctional center (post, fax or email)
- Indictable offences PO may serve to accused, to a person 16+ at work/home or OIC if in a correction center.
- If serving by post it must be at least 21 days before a court date.
- If not served after 22 weeks, PO may apply for an arrest warrant.
Child - Alternatives to Arrest
- Warning - admissions do not need to be made, details taken.
- Caution - summary or indictable matter, child must consent, must admit to the offence.
- Youth Justice Conference - Summary or indictable matter, must consent, must admit to the offence.
5.5 CDPVA - Meaning of 'Domestic Relationship'
- A person has a domestic relationship with another person if they are or have been: MISSDORA: Married, De-facto intimate personal relationship, same household as the other person, long term resident in the same residential facility, ongoing dependence or paid/unpaid care of the other person, a relative of the other person, or ATSI or extended family or next of kin.
IBAD-GASO
- Relates to domestic violence offences such as: intimate images, breach of apprehended violence order (AVO), assaults (all manner), murder/manslaughter documents containing threats, wounding and grievous bodily harm, attempts to choke, etc.
The Dynamics of DV
- Includes physical violence, emotional and psychological abuse, economic deprivation, social abuse, sexual abuse, threats and intimidation, Coercive control and stalk or control a person's actions.
s. 8 CDPVA - Meaning of “Stalking”
- Following a person, watching a person, contacting or approaching the person using internet or other technology, frequenting the vicinity or on approach the person's place or residence, business or work or area of social/leisure activity.
s. 13 CDPVA – Stalking or Intimidation with Intent to Cause Fear or Physical or Mental Harm
- Elements: the defendant stalks or intimidates another person (the victim) intending to cause the other person to fear physical harm, or mental harm, to the victim themselves, or to a person with whom the victim has a domestic relationship.
Passive Test
- The passive test is where the tube is NOT attached to the instrument and the driver DOES NOT blow directly into the instrument.
Breath test
- Is conducted roadside and serves only as an indication that a PCA offence may have occurred, with no actual offence at that stage. If the breath test is positive, the driver is arrested for the purpose of a breath analysis.
- CL 3/SCH.3 RTA (Power to conduct a Random Breath test)
Breath Analysis
- Is then conducted at the station or an RBT bus after the arrest, either due to a positive breath test or refusal to take the test.
RR s287 - Duties of a Driver Involved in a Crash
- A driver in a motor vehicle collision must stop and provide the following details: drivers name and address, vehicle owner's name and address, vehicle registration, any other information necessary to identify the vehicle, an explanation of the circumstances surrounding the crash (To PO ONLY).
- Details must be supplied to the following parties: any driver involved, any person injured, the owner or any property damaged, any PO attending the scene.
'Major' Crash Classification
- Was a Person killed or injured, did any of the Drivers leave the scene without supplying particulars in accordance with Road Rules S287 or were the Drivers under the influence of alcohol or other drugs.
s.77 Non-Voluntary Exclusion of Persons From Licensed Premises
- This section outlines the powers of authorised persons (licensees, their employees or agents, and police officers) to refuse entry to or remove individuals from licensed premises under certain conditions/situations:
- SPIED, when a person is intoxicated, violent, quarrelsome (looking to start an argument or stir up trouble), disorderly (out of control), poses a risk to the licensee, smokes in a prohibited area, or possesses illegal substances or violates liquor accord conditions.
- If someone is removed, they cannot return for 24 hours and must not stay nearby for up to 6 hours unless they have a valid reason, like safety concerns or needing transport.
DANGEROUS DRIVING OFFENCES
- S115-RTA2013: A person must not organise, promote or take part in any race between vehicles on a road, or any attempt to break any vehicle speed record on a road, or any trial of the speed of a vehicle on a road, or any competitive trial designed to test the skill of any vehicle driver or the reliability or mechanical condition of any vehicle on a road, unless the written approval of the Commissioner of Police to the holding or making of the race, attempt or trial has been obtained.
S116-RTA2013
- A person must not operate a motor vehicle on a road in such a manner as to cause the vehicle to undergo sustained loss of traction by one or more of the driving wheels (or, in the case of a motorcycle, the driving wheel) of the vehicle. Maximum penalty-10 penalty units.
S117-RTA2013
- The accused drove a motor vehicle on a road or road related area negligently: (a) occasioning Death-30 penalty units or imprisonment for 18 months or both (in the case of a first offence) or 50 penalty units or imprisonment for 2 years or both (in the case of a second or subsequent offence), or (b) occasioning GBH-20 penalty units or imprisonment for 9 months or both (in the case of a first offence) or 30 penalty units or imprisonment for 12 months or both (in the case of a second or subsequent offence) (C) neither GBH or Death-10 penalty units.
S117(2)-RTA2013
- The accused drove a motor vehicle on a road or road related area furiously, or recklessly, or at a speed dangerous to the public, or in a manner dangerous to the public. The element of danger to the public.
118(1)-(2)-RTA2013
- (1) A person must not drive a motor vehicle on a road in a manner that menaces another person with the intention of menacing that other person. (2) possibility of menace A person must not drive a motor vehicle on a road in a manner that menaces another person if the person ought to have known that the other person might be menaced.
CA s51A - Predatory Driving
- The accused drove a vehicle in pursuit of another vehicle travelling near another vehicle and engaged in conduct which caused or threatened to cause an impact with any other vehicle/person/object, or by overturning or leaving a road with some form of relationship between the victim and the offender. No need to have actual bodily harm, intent is sufficient and the prosecution must prove the offender's vehicle caused the impact.
CA s52A(1) - Dangerous Driving Occasioning GBH or Death
- The accused drove a vehicle under the influence of alcohol or drugs or at a speed dangerous to person/s or in a manner dangerous to person/s occasioning death or GBH of a person, conveyed in or on any vehicle (including passengers) through an impact involving overturning or leaving a road or any object/person/vehicle or anything on/attached to the vehicle anything in motion through falling from the vehicle or the person falling, being thrown, or ejected from the vehicle or any object as a result of the person (or any part) protruding from the vehicle in circumstances of aggravation
CA S52A(2) Aggravated Dangerous Driving Occasioning Death
- A person commits this offence if they commit the offence of dangerous driving occasioning death in circumstances of aggravation.
CA S52(3) Dangerous Driving Occasioning Grievous Bodily Harm
- A person is guilty of the offence of dangerous driving occasioning grievous bodily harm if the vehicle driven by the person is involved in an impact occasioning grievous bodily harm to another person and the driver was, at the time of the impact, driving the vehicle under the influence of intoxicating liquor or of a drug, or at a speed dangerous to another person or persons, or in a manner dangerous to another person or persons.
CA s52A(7) - Circumstances of Aggravation in Dangerous Driving
- Speed in excess of 45km/hr or more above the speed limit, high Range PCA, Imparied (very substantially) by a drug or combination of drugs or driving to escape police pursuit.
Sobriety Assessment
- Breath and breathing (smell of intoxicating liquor on breath), face (sallow pallor, flushed etc.), eyes (bloodshot, watery etc.), skin (needle marks, sweating, etc.), speech (slurred, slow, fast etc.), actions, movements, and balance, attitude (talkative, indifferent, etc.), or clothing (dishevelled etc.).
Dangerous
- Anything made or adapted for use for cursing injury to a person or anything intended, by the person having custody of the thing, to be used to indorse or menace a person or damage property.
DVEL
- Domestic violence evidence in chief.
ADVOs
- Protect people in domestic relationships.
Provisional AVO
- AVO in force for 28 days, order granted by a police officer approved by a Senior Officer, and in place when it is served on the defendant.
Interim AVO
- Made by the court or in place until revoked or final order made.
Non-Urgent AVO
- This isn't a court order as of yet, but the victim can ask for a court order if there are no safety concerns and a PINOP can apply for it themselves.
Final AVO
- Court made order prior to expiry of provisional Ave, granted for long term protection of PINOP, with a duration that can be 1-5 Years.
5.90A CPPVA – Direction to remain or detention
- To have the APVC or ADVO created, varied, or served on the defendant no exceeding 2 hours
5.27 CNPVA – Police obligation to apply for a Provisional AVO (Must Shirt land)
- relates to DV offense, stalking or intimidation and child abuse offence.
Were you the driver of vehicle rego number
- Relates to an incident, a crash on a street, and questions to elicit information about the details.
Procedures for Attending - DV Incidents (ICAREU)
- Initial Complaint - obtain maximum amount of information: Name and location, types of premises, what has occurred, what is occurring now, is someone injured, weapons/Firearms, who is present now, and seek condition
- CAN-ILS, warnings, intel, AVO’s firearms, history, and additional resources.
- Assess Risk/on Route - Checks, backup, offenders at scene, suspensor, and officer safety.
- At scene-park sute distance, cull of, observations and need for hackup
- Entering premises - assess risk to safety of you and others, assurance and Loures powers of entry
- upon entry - Take control of the situation Separate parties, identify the victim and POL.
554C - Definitions: Intimate Partner Includes Someone Who
- Is or was married to the person or was a de facto and has had an intimate personal relationship, even if it's not sexual.
SS4D -Abusive Behavior Towarls s intimate partrem
- Relates to 1. The accused 2. Course of conduct (ongoing behavior.) 3 - Abusive behavior 4. directed at current or former intimate partmer. and 5 - Intent to wore or untrol the victim.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.