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21 Cards in this Set
- Front
- Back
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Definition of arrest |
The act of taking a person into lawful custody for a specified offence indictable or not, pursuant to a warrant, to facilitate the making of a pvfo, fvo or ro |
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Do police have the power to use discretion on arresting somebody |
Police have discretion on whether or not to affect an arrest |
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Method of arrest |
Touch inform explain caution communicate. Use absolute minimum force, Indentify yourself as police, lay hands on or touch the person, advise the person that they are under arrest, the grounds for arrest, treat people With courtesy, be civil and reasonable, afford no justification for allegations |
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Search procedures on arrest |
Power to search under 58B Poa. To search a person in lawful custody if the police officer believes it is necessary for finding: -Concealed weapon or article used to inflict injury or assist in escape -Remove into safe keeping belongings in possession of the person -obtain evidence relating to the offence and preventing its loss or destruction. |
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A person is in custody when: |
A: under lawful arrest by warrant B: under lawful arrest under section 27 criminal code C: A provision of any other act |
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Detention of a person in custody |
Every person who has been taken into custody may be detained by a police officer - A) for a reasonable time after being taken into custody for the purposes of questioning the person, or carrying out investigations in which the person participates, in order to determine his or her involvement, if any, in relation to an offence. B) if the police officer believes on reasonable grounds that the person I) is under the influence of drugs or alcohol and is incapable of protecting himself from physical harm. |
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Considerations for reasonable time |
-Number and complexity of offences being investigated -Need to collate and read material to prepare for questioning and investigation -need to visit place the offence was committed -need to transport person from place of detention to facilities to conduct an interview. |
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Designated police stations |
Hobart, Launceston, Devonport, Burnie, whitemark, currie |
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A member who arrests a person shall |
bring that person before a custody officer without delay |
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Procedure following arrest request that |
Immediately charged and bailed Detained for further invedtigstion/evidence gathering Detained for interview Charged and detained for court Unconditional released |
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Relevant times |
Time of arrest Arrival at police station Introduction to the custody sgt Time of right to communicate Denial to communicate Time interview commenced and concluded |
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Rights of person being detained |
Right to an interpreter Right to communicate with a friend relative or legal practitioner A person over 18 may be denied that right for four hours in certain circumstances This may be extended if put bebore a magistrate before the period ends |
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When may you hold somebody inccomunicato |
Escape of an accomplice or the fabrication or destruction of evidence The questioning is so urgent in regard of others safety that it should not be delayed. |
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Transfer of persons in custody |
Another custody officer A police officer investigating an offence for which the person is in custody A police officer who has charge of the person outside the police station To the custody of a correctional officer at a reception prision |
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Aboriginal or Torres Strait islander |
Notifying a friend, relative and the ALS If attendance of any persons is requested, take all reasonable steps to make necessary arrangements Advise aboriginal liaison officer of significant matters ALS should be provided with details of their sex, age, physical condition and nature of offence |
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Bail conditions |
Signing conditions at station Limiting their movement and social intercourse Do not behind the controls of a motor vehicle |
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Police are obliged to recicitate when |
A police officer has custody of a person in a police station where bag valve mask resuscitation is available or is present on a firearm range and have access to the equipment |
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When youths are arrest police officers must |
Advise supervisor, divisional inspector or duty officer of the circumstances |
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We may only arrest a youth if |
To prevent the continuation or repetition or the commission of another offence. Facilitate the making of a pfvo, fvo, ro Prevent concealment, loss, destruction of evidence relating to the offence Youth is unlikely to appear in court |
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Supervision and checking of persons in custody |
Except when a person is remanded in custody at a reception prison. Personally check each person in custody at interval periods no greater than 15 minutes or shorter intervals when it is deemed necessary in the circumstances |
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Circumstance when it is necessary to check at shorter intervals |
Mental health violence, asleep, medical conditions threatening suicide, drunk or on drugs |
