Exam Briefing PDF

Exam Briefing Law: 1.5 hours - starts at 7:30am 20 MC 8 short answers (40 marks) Focuses on topic 12,13. May include session 1 Targeted towards your ability to apply your knowledge Powers - How do I know how to use powers Law- how do I make an arrest (touching, words, submission), What questions d...

Exam Briefing Law: 1.5 hours - starts at 7:30am 20 MC 8 short answers (40 marks) Focuses on topic 12,13. May include session 1 Targeted towards your ability to apply your knowledge Powers - How do I know how to use powers Law- how do I make an arrest (touching, words, submission), What questions do I ask to establish the elements of an offence Ethics - CoCE and SOV, what areas are being breached and why Comms - what do I say to a POI and how do I say it Investigations - how do I prove the elements Areas to concentrate on: What is section 197 of LEPRA? Directions generally relating to a public place. Can give a move on if: C - causing fear H - harassment/intimidation O - obstructing traffic P - procuring prohibited drug S - supplying prohibited drug What is Section 198 of LEPRA? Move-on direction to intoxicated person. They must be: -​ Noticeably intoxicated -​ In a public place -​ Likely to cause injury to another person, damage to property, the risk to public safety and/or disorderly What steps do you need to take when issuing a direction? LEPRA s 204A Must IPE (inform reason for exercising the power, provide name and rank, evidence you’re a police officer if now in uniform) What are the alternatives to arrest? No action, warning, caution, penalty notice, FCAN and FSCAN What is section 99 of LEPRA? Power to arrest without a warrant (1) A police officer may, without a warrant, arrest a person if-- (a) the police officer suspects on reasonable grounds that the person is committing or has committed an offence, and (b) the police officer is satisfied that the arrest is reasonably necessary for any one or more of the following reasons-- (i) to stop the person committing or repeating the offence or committing another offence,  (ii) to stop the person fleeing from a police officer or from the location of the offence, (iii) to enable inquiries to be made to establish the person's identity if it cannot be readily established or if the police officer suspects on reasonable grounds that identity information provided is false, (iv) to ensure that the person appears before a court in relation to the offence, (v) to obtain property in the possession of the person that is connected with the offence, (vi) to preserve evidence of the offence or prevent the fabrication of evidence, (vii) to prevent the harassment of, or interference with, any person who may give evidence in relation to the offence, (viii) to protect the safety or welfare of any person (including the person arrested), (ix) because of the nature and seriousness of the offence. When do we caution an offender? Before you question someone for an offence What is the difference between major and minor traffic crashes? Major -​ Was any person killed or injured -​ Did any of the drivers leave the scene without providing their details -​ Was any driver involved under the influence of drugs or alcohol What is section 287 of Road Rules 2014 (NSW)? Duties of a driver involved in a crash What is the definition of a public place? Summary Offences Act 1988 (NSW) s 3 a)​ A place (whether or not covered by water) b)​ A part of premises that is open to the public Crimes Act 1900 s 210 B a)​ Public unleashed land b)​ Premises to which the public, or a section of the public, has access whether by payment or not What is the definition of offensive? Conducting yourself in a way that causes offence to a reasonable person, in, near or within hearing or view of a public place or school. What is the difference between subjective and objective tests? Subjective - the opinion of what happened from the offenders/victims POV Objective - using a third person, who is of reasonable firmness, who would have been offended, threatened or scared What is obscene exposure? Summary Offences Act 1988 (NSW) s 5 Wilful and obscene exposure of the individuals genitals What are the elements of offensive conduct? Summary Offences Act 1988 (NSW) s 4 (1) 1.​ Accused 2.​ Conducted him/herself in an offensive manner 3.​ In or near or within view of hearing from a public place or school What are the elements of offensive language? Summary Offences Act 1988 s 4 A (1) 1.​ Accused 2.​ Used offensive language 3.​ In or near or within view of hearing from a public place or school What is a dangerous implement? a)​ A dangerous article b)​ A knife (knife blade, razor blade) c)​ Any other implement made or adapted for use for causing injury to a person What is section 199 of LEPRA? Failure to comply with direction What is section 21 of LEPRA? Power to search, seize and detain without a warrant S - stelen U - used in offence D - dangerous articles S - supplying drugs What is section 23 of LEPRA? Power to search dangerous implements What is section 27 of LEPRA? Power to carry out search on arrest What is section 28A of LEPRA? Power to carry out search of person in lawful custody What is section 30 of LEPRA? General searches What is section 31 of LEPRA? Strip searches What is section 32 of LEPRA? Preservation of privacy and dignity during a search What is section 33 of LEPRA? Rules for conduct of a strip search What is section 93 IB of the Crimes Act? Custody of a knife in a public place or school What does T.H.I.S stand for? (reasonable suspicion) T - time and location H - history of the person, location or vehicle I - intelligence available S - situation in which the interaction is taking place What are the search powers? LEPRA s 21 - 33 What are the 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) What are the 4 components to every vehicle crash? 1.​ The driver/s 2.​ The vehicle/s 3.​ The road/environment 4.​ The elements specific to the offence What is the difference between a breath test and a breath analysis? Breath test - conducted roadside, only an indication that a PCA offence may have been committed, no actual offence yet, a positive breath test leads to an arrest for the purpose of the breath analysis Breath analysis - conducted at the station or RBT bus, after an arrest for a positive breath test or refusal to take the breath test What is the difference between a passive test and a standard test? Passive- the tube is not attached to the instrument Standard - after a positive passive test Sobriety assessment -​ An observation made by police -​ If they fail or refuse to comply with a sobriety assessment, they get arrested What is section 112 of Road Transport Act 2013? Use or attempted to use a vehicle under alcohol or drugs (1) A person must not, while under the influence of alcohol or any other drug— (a) drive a vehicle, or (b) occupy the driving seat of a vehicle and attempt to put the vehicle in motion, or (c) if the person is the holder of an applicable driver licence (other than an applicable provisional licence or applicable learner licence)—occupy the seat in or on a motor vehicle next to a learner driver who is driving the vehicle. Fatal crashes -​ Any person involved in a fatal crash needs to be tested for drugs and alcohol Process for fatal crashes: If driver has positive breath test: 1.​ Take back to station to do PCA  2.​ Take to hospital to get blood test If driver has negative breath test: 1.​ Take to hospital for blood test Road Transport Act 2013 Offences S 115 - races, attempts on speed records and other speed trials S 116 (1) - conduct associated with road and drag driving and other activities (burnouts) S 116 (2) - aggravated offence (burnouts) S 117 (1)(a) - negligent driving S 117 (1)(b) - negligent driving occasioning GBH S 118 - speed and manner dangerous driving offence S 118 (1) - mancing driving (intent to menace) S 118 (2) - menacing driving (possibility of menace) Crimes Act 1900 (NSW) Offences S 51 A - predatory driving S 52 A(1) - dangerous driving occasioning death S 52 A (2) - aggravated dangerous driving occasioning death S 52 A (3) - dangerous driving occasioning GBH S 52 A (4) - aggravated dangerous driving occasioning GBH Circumstances for Crimes Act 1900 s 52 A -​ High range PCA -​ 45 km/h over speed limit -​ Driver trying to escape a police pursuit -​ Impaired by drugs and/or alcohol What are the priorities at serious traffic matters 1.​ Assess and tend to injuries 2.​ Advise VKG via SITREP 3.​ Contact other emergency services 4.​ Establish crime scene 5.​ Preserve evidence 6.​ Guard crime scene Comms/Ethics 1.5 hours - starts at 10 am 20 MC 8 short answers (40 marks) Session 1 Material Areas to concentrate on: What is the code of conduct? 1.​ Behave honestly and in a way that upholds the values and the good reputation of NSW Police whether on or off duty 2.​ Act with care and diligence when on duty 3.​ Know and comply with all policies, procedures and guidelines that relate to their duties 4.​ Treat everyone with respect, courtesy and fairness 5.​ Comply with any lawful and reasonable direction given by someone in NSW Police who has authority to give the direction 6.​ Comply with the law whether on or off duty 7.​ Take reasonable steps to avoid conflicts of interest, report those that can not be avoided and co-operate in their management 8.​ Only access, use and/or disclose confidential information if required by their duties and allowed by NSW Police policy 9.​ Not make improper use of their position or NSW Police information or resources 10.​ Report misconduct of other NSW police employees What is the statement of values? a)​ Place integrity above all b)​ Upholds the rule of law c)​ Preserves the rights and freedoms of individuals d)​ Seeks to improve the quality of life by community involvement in policing e)​ Strives for citizen and police personal satisfaction f)​ Capitalises on the wealth of human resources g)​ Makes efficient and economical use of public resources h)​ Ensures that authority is exercised responsibly What are the 4 roles of police? -​ Law enforcer -​ Negotiator -​ Facilitator -​ Mediator What is the appropriate use of discretion? What are the 3 types of conflicts of interests? Actual - where the conflict exists between your official duties or responsibilities Perceived - where others may interpret your private interests as interfering with your duties Potential - where your private interests could interfere with your official duties How do you manage conflict? What is the Charter of Victims Rights? Victims Rights and Support Act 2013 (NSW) s 6 What are communication barriers? 1.​ Language 2.​ Environmental 3.​ Inclusion 4.​ Cultural How do you overcome communication barriers? -​ Identify the initial stages of the communication process -​ Consider the environment -​ Build rapport -​ Focus on what is being said What is Misconduct? An intentional breach of NSWPF policy. Under the Police Act (1990) s 211 F, police must report misconduct of other police officers What are different types of empathy? Emotional - physically connecting with the other person Cognitive - knowing how the other person feels and what they’re thinking Compassionate - understanding the other person's situation What is police corruption? Noble - doing the wrong thing for the “right” reason Process - action being done for personal gain or advantage What is 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