MID TERMS c.pdf

MID TERMS- EXAM BRIEFING - LAW 149/ 145 - 20-M/C 8-S/A 40 MARKS 1.5 HOUR- 1 HR 40 MIN 07:30 Traffic breath testing conducted road side , indication ONLY Arrest after positive indication of a standard test, Passive/ standard test when you can test - Random Collision...

MID TERMS- EXAM BRIEFING - LAW 149/ 145 - 20-M/C 8-S/A 40 MARKS 1.5 HOUR- 1 HR 40 MIN 07:30 Traffic breath testing conducted road side , indication ONLY Arrest after positive indication of a standard test, Passive/ standard test when you can test - Random Collision Manner of driving Breach of the Road Rules Who- The driver/ person in control of the vehicle or person supervising a learner PCA- ranges RTA 108 Novice- 0.001 - 0.019 Special- 0.020 0.049 Low- 0.050 - 0.079 Middle- 0.080 - 0.149 High 0.150 + Crashes Minor- Crashes where no person is injured, no driver is affected by drugs or alcohol and particulars exchanged will be considered a minor crash Major- resulted in the death or serious injury, Failed to give particulars, to the other party appear to be under the influence/ intoxicated by drugs/ alcohol Information from a caller reporting a crash Location of the crash Injuries/persons trapped How many vehicles involved Time of crash Particulars of the caller (at least name and contact details) elements of traffic offence Driver/ rider Motor Vehicle Road/ Road Related are Elements specific to the offence Police Priorities Upon Attendance at Crash: - Priorities for attending crashes Attend, Assess, Advise Attend to the welfare of the injured Identify drivers and witnesses Breath test drivers where possible Establish preliminary point of impact Ensure free flow of traffic Investigate and record details Adjudicate on who is at fault and deal with such under relevant legislation Mental health- Illness VS Disorder Illness- Diagnosed medical condition- Long term/ Permeant Disorder- Temporary/ Short term or just a disturbance brought on by a specific event. Strictly Indictable OR MUST Proceed with the offence and the mental health issue as soon as possible. Table 1 Table 2 OR MAY use discretion to proceed with the offence and deal with the Mental Health Issue under the mental health act Summary LEPRA 197- Directions generally relating to public places Relevant conduct- Causing Fear Harassment/ Intimidation Obstructing Persons/ Traffic Purchasing/procuring obtaining prohibited drug Supplying/intending to supply/soliciting another to supply. LEPRA 198 Move on directions to intoxicated persons in public places Must Move On Arrest- LEPRA s 99 1[a][b] 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, 1. To stop the person committing or repeating THE OFFENCE or committing another offence, 2. To stop the person fleeing from a police officer or the location of the offence 3. To enable inquiries to be made to establish the THE PERSONS IDENTITY if it cannot be readily established or if the police officer suspects on reasonable grounds that the identity information provide is false. 4. To ensure the person appears before a court in relation to the offence. 5. To obtain property in the possession of a person THAT IS CONNECT WITH THE OFFENCE 6. To preserve evidence OF THE OFFENCE or prevent the fabrication of evidence  7. To prevent the harassment or interference with any person who may give evidence in relation to the offence. 8. To PROTECT HE safety OR welfare of any person. [including the person arrested] 9. BECAUSE OF THE nature and seriousness of the offence. 202- IPE [SAFE GUARDS] Inform- the reason for the exercise of the power. Provide- the name of the police officer and his or her place of duty, Evidence- evidence that the police officer is a police officer (unless the police officer is in uniform), 206-Detention of intoxicated persons-found in a public place (a) behaving in a disorderly manner or in a manner likely to cause injury to the person or another person or damage to property, or (b) in need of physical protection because the person is intoxicated. difference between noticeably affected and seriously intoxicated- Noticeably Affected: This refers to someone who shows visible signs of intoxication (e.g., slurred speech, unsteady movements) but may still have some level of control over their actions and behaviour. The person may appear drunk but not necessarily pose a significant risk to themselves or others. Seriously Intoxicated: This term is used when a person is so intoxicated that they are a danger to themselves or others, or their ability to understand, communicate, or control their actions is severely impaired. At this stage, the person may require police intervention for their safety or the safety of others. Homeless persons protocol - Leave them alone unless- They request assistance Distressed Threatening behaviour Under 16 Stealing and receiving Goods in custody Stealing/ Larceny- Committed by a person who, without the consent of the owner, fraudulently and without claim of right made in good faith, takes and carries away anything capable of being stolen with at the time of such taking, permanently to deprive the owner. receiving- person knew the goods were stolen at the time they took possession of it goods in custody- Police unable to prove that the accused KNEW that the items were stolen at the time they were in possession of the item Must be proved that the goods are reasonably suspected of being stolen duty of care- is a Legal Obligation- Taking all reasonable steps to avoid acts or omissions, which could be reasonably foreseen to harm a person. Elements: The Accused Took and carried away the property Belonging to another Without consent Without legal claim of right Fraudulently Intent to permanently deprive Punishable by 5 yrs imprisonment- serious indictable offence Street offences- Knife- 93IB CRIMES ACT- Definition- "knife" includes a blade, but does not include a knife of a class prescribed by the regulations. Riot - 12 or more people, who are collectively using or threatening unlawful violence for a common purpose May be towards people / property Graffiti elements- The accused Intentionally marked property or premise Without consent Without reasonable excuse Using an implement Wilful & obscene Exposure- S5 Summary Offences Act- Obscene exposure A person shall not, in or within view from a public place or a school, wilfully and obscenely expose his or her person Offensive conduct- Summary offences act s 4 Summary Offences Act S4- Offensive conduct (1) A person must not conduct himself or herself in an offensive manner in or near, or within view or hearing from, a public place or a school. Summary Offences act S4A- 4A Offensive language (1) A person must not use offensive language in or near, or within hearing from, a public place or a school. Offensive implement [definition] - "offensive implement" means- (a) anything made or adapted for use for causing injury to a person, or (b) anything intended, by the person having custody of the thing, to be used to injure or menace a person or damage property. Public Place- public place means— (a) a place (whether or not covered by water), or (b) 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 consideration, 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 of a limited class of persons, but does not include a school. statute of limitations summary- 6 months Indictable offences- nil Graffiti- 2 years searching persons LEPRA 21 Stop Search Seize/ Detain person without a warrant 23 search for dangerous implement in a public place/ school 27- Search on / soon after arrest 28a- Search when in lawful custody. 30 Searches Generally 31 strip searches 32 Preservation to privacy and dignity 33 rules for conducting strip searches 36 Stop Search Vehicles Young offenders act a. provides an alternative process to court proceedings for dealing with children who commit certain offences through the use of youth justice conferences, cautions and warnings, and b. purpose of providing an efficient and direct response to the commission by children of certain offences  c. to establish and use youth justice conferences to deal with alleged offenders in a way that— (i) enables a community based negotiated response to offences involving all the affected parties, and (ii) emphasizes restitution by the offender and the acceptance of responsibility by the offender for his or her behaviour, and (iii) meets the needs of victims and offenders, and d. to address the over representation of Aboriginal and Torres Strait Islander children in the criminal justice system through the use of youth justice conferences, cautions and warnings.