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139 Cards in this Set
- Front
- Back
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What does V.A.W.S.E.E.P.O stand for? |
Victim Appreciation Witness Scene Exhibits Elements Powers Offender |
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What does W.E.E.P stand for? And which section and act does it relate to? |
Child, Young Person and Families Act 1989 - Section 214: Arrest of a child or young person without warrant. - Witness interference - Exhibit loss or destruction - Ensure a court appearance - Prevent further offending |
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What does Actus Reas mean? |
The physical act or effort required to carry out the offence |
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What does Mens Rea mean? |
The intent of the offender or what was in their mind when they carried out the Actus Reas |
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What is the structure of the courts from top to bottom? |
- Supreme Court - Court of Appeal - High Court - District Court - (Family Court, Judge alone trials, Jury trials and Youth Court) |
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Willful Damage Liability: What are the elements of Willful Damage? |
- Intentionally - Damages - Property |
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Willful Damage Liability: What is the description of the Intentionally Element? |
A deliberate OR reckless act without lawful justification, excuse or claim of right |
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Willful Damage Liability: What is the description for Damages Element? |
Temporary or permanent reduction in the value and/or usefulness of the property |
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Willful Damage Liability: What is the description for Property Element? |
Something that belongs to another person and is capable of being damaged |
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Assault Liability: What are the elements of Assault? |
- Assaults - Another person |
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Assault Liability: What is the description for the Assaults Element? |
Acts of intentionally applying or attempting to apply force to the person of another, directly or indirectly or threatening by any act of gesture to apply such force to the person of another, if the person making the threat has, or causes the other to believe on reasonable grounds that they have, the present ability to effect their purpose |
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Assault Liability: What is the description for the Another Person Element? |
It has to be another person other than the offender |
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Assault with a weapon Liability: What are the elements of Assault with a weapon? |
- Assaults - Another Person - Using anything as a weapon OR - Having anything with him or her in circumstances that prima facie show an intention to use it as a weapon |
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Assault with a weapon Liability: What is the description of Using anything as a weapon element? |
An object of some sort, whether animate or inanimate must be used as a weapon |
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Assault with a weapon Liability: What is the description of having anything with him or her in circumstances that prima facie show an intention to use it as a weapon element? |
An object of some sort, whether animate or inanimate, must be either on the offender or reasonably available to them. The circumstances must be sufficient to show an intention to use the object as a weapon |
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What does L.E.G.O stand for? and what piece of equipment does it relate to? |
Best practice for notebook entry - Leaves torn out - Erasures - Gaps - Overwriting |
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What are the elements of the S.E.L.F test? |
- Scrutiny - Ensure compliance - Lawful - Fair |
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A notebook is...? |
- An investigation tool - A record of correspondence - A record of interview |
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What does T.E.D.S stand for? |
- Tell me - Explain to me - Describe to me - Show me |
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What are the Adult Caution Rights? |
- You have been arrested/detained for (give reason) OR - I am speaking to you about (give reason) - You have the right to remain silent - You do not have to make any statement - Anything you say will be recorded and may be given in evidence in court - You have the right to speak to a lawyer without delay and in private before decided whether to answer any questions - Police have a list of lawyers you may speak to for free |
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What is the A.W.O.C.A process? |
- ASK (request cooperation finish with "thanks") - Explain WHY (reason for action/power to act etc) - Provide OPTIONS (good/bad/good using motivaters time/money/family/reputation) - CONFIRM they understand - ACT (take appropriate action depending on situation) |
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What are the responsibilities of a Scene Guard? |
- Prevent all unauthorised staff entering the scene - Promptly record any suspicious activity - Brief all authorised personal on arrival or any changes - Beware of any animals - Record anyone entering the scene - Avoid contaminating or interfering with scene |
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What is Section 39 of the Crimes Act 1961?
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Crimes Act 1961 - Section 39 Force used in executing process or in arrest... - any person is justified in executing or assisting to execute any sentence, warrant or process |
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What is Section 40 of the Crimes Act 1961? |
Crimes Act 1961 - Section 40 Preventing escape or rescue... - to prevent the escape of that other person if he or she takes to flight in order to avoid arrest - to prevent the escape or rescue of that other person after his or her arrest |
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What is Section 41 of the Crimes Act 1961? |
Crimes Act 1961 - Section 41 Prevention of suicide or certain offences... - |
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What is Section 42 of the Crimes Act 1961? |
Crimes Act 1961 - Section 42 Preventing breach of the peace... - Every constable who witnesses a breach of the peace, and every person lawfully assisting him or her, is justified in arresting any one whom he or she finds committing it |
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What is Section 48 of the Crimes Act 1961? |
Crimes Act 1961 - Section 48 Self-defence and defence of another... - Every one is justified in using, in the defence of himself or herself or another, such force as, in the circumstances as he or she believes them to be, it is reasonable to use |
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What is Section 62 of the Crimes Act 1961? |
Crimes Act 1961 - Section 62 Excess of force... - Every one authorised by law to use force is criminally responsible for any excess, according to the nature and quality of the act that constitutes the excess |
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What does F.C.P stand for? |
- Freeze - Control - Preserve |
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What are Our Values? |
- Professionalism - Respect - Integrity - Commitment to Maori and the Treaty - Empathy - Valuing Diversity * easy way to remember is P.R.I.M.E.D |
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What are the 5 Ws and H? |
- What - When - Where - Who - Why - How |
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Theft Liability (Taking): What are the elements of Theft? |
- Dishonestly - Withoutclaim of right - Takes - Any Property - Withintent to depriveanyowner permanently of that property OR With intent to deprive any owner permanently of anyinterest in thatproperty |
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Theft Liability (Taking): What is the description of Dishonestly element? |
Without a belief that there was consent or authority from the owner |
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Theft Liability (Taking): What is the description of Without claim of right element? |
No belief in a right to own or possess the property |
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Theft Liability (Taking): What is the description of Takes element? |
Physically takes OR moves the property with no authority whatsoever |
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Theft Liability (Taking): What is the description of Any Property element? |
Anything whatsoever, whether tangible or intangible, that is the property of any person and has value |
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Theft Liability (Taking): What is the description of With intent to deprive any owner permanently of that property element? |
Deprive the owner permanently OR deal with it in a manner so that it cannot be restored to its original condition |
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Theft Liability (Taking): What is the description of With intent to deprive any owner permanently of any interest in that property element? |
Deprive the owner permanently of that part of the property in which they have an interest |
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Theft Liability (Using or Dealing): What are the elements of Theft (Using or Dealing)? |
- Dishonestly - Withoutclaim of right - Uses or deals with - Any Property - With intent to deprive any owner permanently of that property OR With intent to deprive any owner permanently of any interest in that property - After obtaining possession or control of that property in whatever manner |
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Theft Liability (Using or Dealing): What is the description of Uses or deals with element? |
Has possession or control of the property and exceeds the authority or conditions given by using or dealing with the property in any manner |
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Theft Liability (Using or Dealing): What is the description of After obtaining possession or control of that property in whatever manner element? |
Obtains possession or control of that property for himself/herself or any other person |
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What is the S.A.R.A model? |
- Scanning - Analysis - Response - Assessment |
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Define what a Child is? |
A boy or girl under the age of 14 years |
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Define what a Young Person is? |
A boy or girl over the age of 14 but under 17 years * If a young person is married or in a civil union then they are considered an adult |
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Define what an Adult is? |
A person over the age of 17 |
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What is Section 4 of the Children, Young Persons, and Their Families Act 1989? |
Children, Young Persons and Their Families Act 1989 - Section 4 Children, Young Persons and their families need to be dealt with in a way that acknowledges their needs. This relates to their values,beliefs and their cultural and ethnic groups |
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What is Section 6 of the Children, Young Persons, and Their Families Act 1989? |
Children, Young Persons and Their Families Act 1989 - Section 6 Welfare and interests of thechild or young person paramount.The welfare and interests of the child or young person shallbe the first and paramount consideration |
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What is Section 8 of the Children, Young Persons, and Their Families Act 1989? |
Children, Young Persons and Their Families Act 1989 - Section 8 Parents and others MUST be informed of decisions - If a constable makes and decision that significantlyaffects the CYP they must inform the parent, guardian or care giver of the CYP of that decision as soon as practicable |
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What is Section 9 of the Children, Young Persons, and Their Families Act 1989? |
Children, Young Persons and Their Families Act 1989 - Section 9 Interpreters - The CYP reserves the right to be informed/spoken to in a manner that they understand |
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What is Section 14 of the Children, Young Persons, and Their Families Act 1989? |
Children, Young Persons and Their Families Act 1989 - Section 14 Definition of a child or young person in need of care and protection - A CYP that is physically, emotionally, or physiologically or sexually abused or Ill treated |
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What is Section 39 of the Children, Young Persons, and Their Families Act 1989? |
Children, Young Persons and Their Families Act 1989 - Section 39 Place of safety warrants - Allows any person authorised by warrant to enter any building etc... - If they believe on reasonable grounds that the child within that premise is suffering harm |
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When entering an address in accordance with Section 39 of the Children, Young Persons, and Their Families Act 1989 what must you have? |
- Have the warrant in your possession - Show the warrant to the arrested person or persons involved at the earliest possible time |
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What is Section 42 of the Children, Young Persons, and Their Families Act 1989? |
Children, Young Persons and Their Families Act 1989 - Section 39 Search without warrant - Allows any constable without warrant to enter any building if critically necessary and on reasonable grounds that the CYP is in need of care and protection |
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When entering an address in accordance with Section 42 of the Children, Young Persons, and Their Families Act 1989 what must you have and document? |
- Produce ID - Notify the commissioner within 72hrs by way of bulletin board including date, time and place of incident - State that you are acting in accordance within Section 42 of the Children, Young Persons, and Their Families Act 1989 - CYPFS need to be informed ASAP |
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What is Section 48 of the Children, Young Persons, and Their Families Act 1989? |
Children, Young Persons and Their Families Act 1989 - Section 48 Unaccompanied children and young persons -With the consent of the child or young person deliver the child or young person into the custody of a parent or guardian, or if the parents of guardian are unwilling to have the child place into CYPF's custody. |
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What is Section 214(a) of the Children, Young Persons, and Their Families Act 1989? |
Arrest of child or young person in breach of bail condition. A constable may arrest a child or young person without a warrant if— (a)the child or young person has been released on bail; and (b)the constable believes, on reasonable grounds, that— (i)the child or young person has breached a condition of that bail; and (ii)the child or young person has on 2 or more previous occasions breached a condition of that bail (whether or not the same condition). |
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What is Section 56 of the Crimes Act 1961? And what is it in relation to? |
Defense of land or building Every one in peaceable possession of any land or building, and every one lawfully assisting him or her or acting by his or her authority, is justified in using reasonable force to prevent any person from trespassing on the land or building or to remove him or her therefrom, if he or she does not strike or do bodily harm to that person. Relates to the Trespass Act 1980. |
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Possession of Offensive Weapons or Disabling Substances (Any Place) What are the elements? |
Has in his or her possession In any place Any offensive weapon OR Any disabling substance in circumstances thatprima facie show anintention to use it tocommit an offenseinvolving bodily injury orthe threat or fear of violence. |
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Possession of Offensive Weapons or Disabling Substances (Any Place) Liability: What is the definition of: Any offensive weapon. OR Any disabling substance. |
Any article capable of being used for causing bodily injury. OR Anesthetizing or other substance produced or intended for the purpose of disabling persons. |
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Possession of Offensive Weapons or Disabling Substances (Any Place) Liability: What is the definition of: In circumstances that prima facie show an intention to use it to commit an offense involving bodily injury or the threat or fear of violence. |
Actions by the offender show on the “face of it” that the person is intentionally going to use it to commit an offense involving some form of bodily injury, or the threat or fear of violence. |
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What is Section 3 of the Trespass Act 1980? |
Trespass after warning to leave Every person commits an offense against this Act who trespasses on any place and, after being warned to leave that place by an occupier of that place, neglects or refuses to do so. |
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What is Section 4 of the Trespass Act 1980? |
Trespass after warning to stay off Where any person is trespassing or has trespassed on any place, an occupier of that place may, at the time of the trespass or within a reasonable time thereafter, warn him to stay off that place. |
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What is Section 5 of the Trespass Act 1980? |
Delivery of warnings A warning under section 3 or section 4 shall be given to the individual person concerned either orally, or by notice in writing delivered to him or sent to him by post in a registered letter at his usual place of abode in New Zealand. |
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What is Section 9 of the Trespass Act 1980? |
Obligation to give name and other particulars (1) An occupier of any private land upon which any person is found trespassing, or any constable, may require that person to— (a) give particulars of his name and place of abode; and (b) give the number of his firearms license under the Arms Act 1983 if he is in possession of a firearm. (2) If any such person fails or refuses to comply with a requirement made under subsection (1), any constable may caution him and, if he persists in his failure or refusal, may arrest him without warrant. |
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What are the elements of Resisting Police? |
Intentionally obstructs OR Incites or encourages any other person to obstruct. Any constable or authorized officer or prison officer or traffic officer acting in the execution of their duty. |
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Resisting Police Liability: What is the definition of: Intentionally obstructs OR Incites or encourages any other person to obstruct. |
Deliberately making it more difficult for a person to carry out their duties. OR Urge or persuade any other person to make it more difficult for the person to carry out their duties. |
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Resisting Police Liability: What is the definition of: Any constable or authorized officer or prison officer or traffic officer acting in the execution of their duty. |
The person must have been lawfully exercising their powers. |
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Robbery Liability: What are the elements for Robbery? |
Theft Accompanied by violence OR Accompanied by threats of violence To any person OR To any property Used to extort the property stolen OR To prevent or over come resistance to the property being stolen |
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Robbery Liability: What is the definition of Theft? |
Theft is complete when... (identify as appropriate). |
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Robbery Liability: What is the definition of: Accompanied by violence OR Accompanied by threats of violence. |
Actual violence immediately before or at the time of the theft. OR Threat of violence before or at the time of the theft,demonstrated by conduct or words. |
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Robbery Liability: What is the definition of: To any person OR To any property |
Means either the person robbed or any other person. OR Any property whatsoever, whether belonging to the person robbed or any other person. |
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Robbery Liability: What is the definition of: Used to extort the property stolen OR To prevent or overcome resistance to the property being stolen |
The violence or threats used by the offender are sufficient to cause the person to hand over the property against their will. OR The property is taken by the offender after any resistance to its taking has been prevented or overcome. |
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Burglary Liability: What are the elements of Burglary? |
Enters Any building OR Any ship OR Any part of a building OR Any part of a ship Without authority With intent to commit an imprisonable offense in the building. OR ship |
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Burglary Liability: What is the definition of Enters? |
Entry is complete as soon as any part of the body of the person or any part of any instrument used by that person, is within the building or ship. |
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Burglary Liability: What is the definition of Any building? |
Any building or structure of any description,whether permanent or temporary; and includes a tent, caravan, or houseboat; and also includes any enclosed yard or any closed cave or closed tunnel. |
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Burglary Liability: What is the definition of Any ship? |
Any vessel used in navigation, however propelled. |
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Burglary Liability: What is the definition of Any part of a building? |
Part of any building or structure of any description,whether permanent or temporary; and includes a tent, caravan, or houseboat; and also includes any enclosed yard or any closed cave or closed tunnel. |
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Burglary Liability: What is the definition of Any part of a ship? |
Part of any vessel used in navigation, however propelled. |
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Burglary Liability: What is the definition of Without authority? |
An absence of authority, either expressed or implied, from a person the defendant believes is legally able to give consent. |
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Burglary Liability: What is the definition of With intent to commit an imprisonable offense in the building OR ship? |
There must be an intention to commit an imprisonable offense in the building or ship. |
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Conversion of a vehicle (Takes) Liability: What are the elements? |
Dishonestly Without claim of right But not so as to be guilty of theft Takes For any person's purpose Any vehicle OR Any ship OR Any Aircraft OR Any part of any vehicle,ship or aircraft ORAny Horse |
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Conversion of a vehicle (Takes) Liability: What is the definition of But not so as to be guilty of theft? |
Unable to prove an intention to permanently deprive the owner. |
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Conversion of a vehicle (Takes) Liability: What is the definition of For any person’s purpose? |
For their own or another person’s purposes. |
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Conversion of a vehicle (Interferes With) Liability: What is the definition of Interferes with? |
Touches or deals with in any way. |
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R.A.N Stands for? |
-Reason -Act -Name |
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What is Section 125(1)(d) of the Search and Surveillance Act 2012? |
Special rules about searching persons (1) If a person exercises a power to search a person, the person exercising the power (d) may detain the person to enable the search to be carried out (whether at the place of initial detention or while the person is traveling to or is at any other place where the search is carried out), but only for as long as is necessary to achieve that purpose |
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What is Section 85 of the Search and Surveillance Act 2012? |
Rub-down search of arrested or detained person To find any items that can cause or be used: (a) to harm any person; or(b) to facilitate the person’s escape. |
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What is Section 88 of the Search and Surveillance Act 2012? |
Warrantless search of arrested or detained person When there is a BELIEF that someone has on them an item that; (a) may be used to harm any person; or (b) may be used to facilitate the person’s escape; or (c) is evidential material relating to the offense in respect of which the arrest is made or the person is detained. |
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What is Section 11 of the Search and Surveillance Act 2012? |
Warrantless searches of people who are, or are to be, locked up in Police custody. |
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What is Section 13 of the Search and Surveillance Act 2012? |
All money and every item of property taken from a person under section 11 must be returned to him or her when he or she is released from custody, except for the following: (a) any money or property that, in the opinion of a constable, may need to be given in evidence in proceedings arising out of a charge brought against the person: (b) any money or property whose possession may, in the opinion of a constable, constitute an offense. |
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What is Section 92 of the Search and Surveillance Act 2012? |
Purposes for which consent search may be undertaken An enforcement officer may ask a person to consent to undergo a search or to consent to a search being made of a place, vehicle, or other thing apparently in the control of the person, if the enforcement officer wishes to conduct the search for 1 or more of the following purposes: (a) to prevent the commission of an offence: (b) to protect life or property, or to prevent injury or harm: (c) to investigate whether an offence has been committed: (d) any purpose in respect of which the enforcement officer could exercise a power of search conferred by an enactment, if he or she held a particular belief or suspicion specified in the enactment. |
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What is Section 93 of the Search and Surveillance Act 2012? |
Advice that must be given before consent search undertaken Before conducting a search by consent, the enforcement officer who proposes to conduct it must— (a) determine that the search is for a purpose authorised by section 92; and (b) advise the person from whom consent is sought of the reason for the proposed search; and (c) advise the person that he or she may either consent to the search or refuse to consent to the search. |
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What is Section 21 of the Bill of Rights Act 1990? |
Unreasonable search and seizure Everyone has the right to be secure against unreasonable search or seizure, whether of the person, property, or correspondence or otherwise. |
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What is Section 22 of the Bill of Rights Act 1990? |
Liberty of the person Everyone has the right not to be arbitrarily arrested or detained. Advise the suspect the following; (a) "You are free to leave at anytime." (b) "You do not have to answer any questions." |
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What is Section 23 of the Bill of Rights Act 1990? |
Rights of persons arrested or detained. Everyone detained or arrested has the right to be informed of their rights without delay or where practicable. CAUTION RIGHTS R.A.N |
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What is Section 24 of the Bill of Rights Act 1990? |
People who are charged with an offense have certain rights and must be informed of these. |
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What is the difference between Sections |
315(2)(a) -He FINDS anyone disturbing the public peace OR Committing any offense. 315(2)(b) -He HAS GOOD CAUSE TO SUSPECT anyone of having committed a breach of the peace OR Committed any offense. |
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What is the difference between Sections 39(1) and 39(2) of the Summary Offenses Act 1981? |
Summary Offenses Act 1981 39(1) -He HAS GOOD CAUSE TO SUSPECT anyone of having committed an offense against this act 39(2) -WITHIN HIS VIEW does an act that the constable believes is an offense against sections 17-20, 25, 32-38 AND fails to give name and address or gives false details. |
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What is Section 10(b) of the Children, Young Persons and their Families Act of 1981? |
Leaving child without reasonable supervision and care Every person is liable to a fine not exceeding $2,000 who, being a parent or guardian or a person for the time being having the care of a child under the age of 14 years, leaves that child, without making reasonable provision for the supervision and care of the child, for a time that is unreasonable or under conditions that are unreasonable having regard to all the circumstances. |
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What are the exceptions to Section 214 of the Children, Young Persons and their Families Act 1981? |
Category 3 or 4 Offenses or EBA |
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What are Sections 215 - 232 of the Children, Young Persons and their Families Act 1981 about? |
These section provide safeguards to protect the CYP |
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What are Sections 215-218 of the Children, Young Persons and their Families Act 1981 about? |
Providing the CYP their rights before questioning. |
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What is Section 217 of the Children, Young Persons and their Families Act 1981 about? |
Rights explained to a child or Young Person who is arrested. |
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What is Section 218 of the Children, Young Persons and their Families Act 1981? |
Explanation to be given in a manner and language appropriate to the age and level of understanding of the child or young person. |
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What is Section 222 of the Children, Young Persons and their Families Act 1981? |
When a CYP is interviewed or made to make as statement, they may nominate a support person. This includes parents, adult member of their family or any other adult. If they refuse one, a person will be provided to them. This person CANNOT be an enforcement officer. |
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What is Section 222(2) of the Children, Young Persons and their Families Act 1981? |
Police can object to the support person if they are: - Going to pervert the cause of justice. - Unable to be located - Unable to attend due to other commitments |
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What is Section 10(b) of the Summary Offenses Act 1981? |
Ill treatment or willful neglect of a CYP. Leaving a child of 13 years or under unaccompanied without supervision or care for a time that is unreasonable is an offense. Liable for a fine not exceeding $2000 |
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Explain the different Criminal Liabilities of a CYP based on their age? |
Under 10 - Not Liable 10 and 11 yrs old - Manslaughter and Murder 12 and 13 yrs old - Manslaughter and Murder and any imprisonable offense with a maximum penalty of 14yrs. 12 and 13yrs old - previous offender of Manslaughter and murder and any imprisonable offense with a maximum penalty of 14yrs. 14 - 17 yrs -Fully liable for all offenses and will be dealt with by youth court, youth aide services or FGC. 17yrs + - Fully Liable |
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What is Section 7 of the Victims Rights Act 2002? |
Any person who deals with a victim must demonstrate compassion, respect and courtesy to that victim. |
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What is Section 8 of the Victims Rights Act 2002? |
Victims should have access to support services responsive to their needs. |
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What is Section 11 of the Victims Rights Act 2002? |
Inform victim services available to them ASAP |
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What is Section 12 of the Victims Rights Act 2002? |
Member of court staff or prosecutor must advise the victim of: - Progress and Changes. - Updates of proceedings and outcomes. |
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What is Section 51 of the Victims Rights Act 2002? |
Any exhibit seized from a person (other than the offender) for evidential purposes must be given back to that person as soon as practicable after they no longer need to hold it for those purposes. |
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What is Section 125 of the Search and Surveillance Act 2012? |
People being searched must be treated with: - Dignity - Privacy - Respect - Sensitivity |
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What is Section 169 of the Search and Surveillance Act 2012? |
Reporting the use of search powers When using a warrantless power of entry search or surveillance, you must report this by completing an online notification form asap. Exceptions: Sections 85, 88 and 11(Consent Search) |
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Unlawfully On Property: List the elements of Unlawfully on Property. |
Found Without reasonableexcuse In OR On Any buildingORAny enclosed yardORAny aircraftORAny shipORAny trainORAny vehicle. |
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Unlawfully On Property: What is the definition of Found? |
− Discovered on − Seen entering − Seen leaving − Seen |
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Unlawfully On Property: What is the definition of Without Reasonable Excuse? |
No lawful, genuine or reasonable excuse. |
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Unlawfully On Property: What is the definition of In OR On? |
Physically inside of OR Physically on |
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Unlawfully On Property: What section in what act gives police the power to arrest for unlawfully being on property? |
Section 29 -Summary Offences Act 1981 Being found on property, etc, without reasonable excuse (1)Every person is liable to imprisonment for a term not exceeding 3 months or a fine not exceeding $2,000 who is found without reasonable excuse— (a)in or on any building; or (b)in any enclosed yard or other such area; or (c)in or on board any aircraft, hovercraft, or ship or ferry or other vessel, train, or vehicle. |
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Unlawfully On Property: Outline the procedures for dealing with an unlawfully-on-propertycomplaint. |
• Obtain details of the complaint. • Check whether a police dog is available. • Approach quietly and park well away from the address to avoid alertingthe offender. • Cordon the address, ensuring that escape routes are covered. • Search the grounds and building thoroughly. Get the police dog to searchthe premises/grounds first. • Interview the victim and obtain all the details necessary to support acharge. • Examine the scene to gather any available evidence for a charge. |
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Unlawfully On Property: Identify the differences between peeping or peering and unlawfully onproperty. |
Unlawfully on property should not be confused with peeping or peering.Peeping or peering is a specific offence to be used when someone is caughtwatching people in a house or loitering on land for that purpose. |
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Trespass Act 1980: What is the procedure for dealing with a trespass offence against Section 3 of the Trespass Act 1980? |
• Obtain full particulars of complaint and ensure the victim isan occupier. • Ascertain all facts of the complaint. • Ensure the offender is a trespasser. If trespass has been committed you have three optionsdepending on the circumstances of the case: • arrest for offence under Section 3 If the person decides to leave peacefully: • record full particulars • if occupier so requests, warn trespasser to stay off, andinform them that they commit an offence if they returnwithin two years. If a person continues to refuse to leave: • confirm warning by having occupier ask trespasser to leavein your presence; if continued refusal to leave • ask victim in presence of trespasser, "Do you wish me toact on your behalf?" • if victim consents, warn trespasser to leave • give them reasonable time to leave • if they still refuse to leave, you can arrest the person. |
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Trespass Act 1980: What are the possible defenses against Section 3 and 4 of the Trespass Act 1980? |
Section 3 -Their own protection -The protection of somebody else -An emergency involving theirproperty or the property of someother person. Section 4 - The above and the Lawful Occupier that trespassed them has left the property. |
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Trespass Act 1980: Define ’Lawful Occupier’ |
‘Lawful Occupier’ means any person in lawful occupation of that place orland and includes any employee or other person acting under the authority ofany person in lawful occupation of that place or land. |
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Trespass Act 1980: Can you trespass someone in a movie Theatre? |
YES. Once admission is paid, they have agreed to the terms and conditions of the admission that assume they will behave in a manner that doesn't disturb anyone else. The member of the audience mustnot: • create a disturbance within the meaning of section 37 of the SummaryOffences Act 1981(disturbing meetings) • behave in a disorderly manner under section 4(1)(a) of the SummaryOffences Act 1981. If they are asked to leave and do not comply, they can be trespassed. |
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Theft Offense: What documentation is required for a theft or dishonestly taking/usingfile? |
If the offender is located, your file should consist of: • File Cover Sheet and statistics • Police 258 Report • Charging Document • Caption and Summary • Victim Impact Statement • Reparation Schedule • Video Interview Sheet or copy of the written interview • Job Sheets • Police 268 (Property Record Sheet) • Offender Report • Offence Report. |
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What Sections of the Summary Offenses Act 1981 relates to Graffiti and Vandalism, tagging, defacing ect.. |
Section 11a - Graffiti or vandalism - A person is liable to a community based sentence (within the of section 4 (1) of the sentencing Act 2002) or a fine not exceeding $2000 or both, if he or she damages or defaces any building, structure, road, tree, property or other thing by writing, drawing, painting, spraying or etching on it, or otherwise marking it. - Without Lawful authority; and - Without the consent of the occupier or owner or other person in lawful control. 11b - Possession of Graffiti Implements - Having with him or her implements in circumstances that can reasonably show he or she intents to use it to commit such an offence. Community work or fine not exceeding $500 or both. 14a - Sale of spray cans to people under 18 - It is illegal and attracts a fine up to $1500 to sell a spray can to a person under 18 years old. Accept in circumstances where the 'shop' is an educational institution and the students are using it to complete work or where a young person used an ID or AGE document to fake their age. 14b - Access to spray cans must be restricted. - Spray cans must be stored in such a manner that they are not readily accessible to the public without the help of the occupier. |
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What are the K Codes? |
K1 - No Further Action needed K2 - Leave till Later K3 - No Offense Committed K4 - Warning Given K6 - Report Taken K8 - Leave to another unit K9 - Arrest |
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What is Section 32 of the Police Act 2008? |
Reasonable or necessary force used to identify particulars of a person in custody. |
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What is Section 33 of the Police Act 2008? |
Reasonable or necessary force used to identify particulars of a person for a summons |
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When must a Tactical Options Report be submitted? |
When a Show or Power is used for a gun or taser, or discharge of either. When Pain Compliance is used with handcuffs, baton, Spray or any other weapon of opportunity (including striking of any kind). Any other Mechanical Restraint (besides handcuffs) In the case of the the result of force being death, TOR is not necessary.
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Land Transport Act 1998
Under what section and circumstances can police suspend driver licences for 28 days? |
Section 95 of the LandTransport Act 1998
If you believe a person drove on the road and; • If they were disqualified. • If they have a suspended license. • If they were not holding a license. • Found to have EBA over 400 and have 2 ormore previous convictions in the last 4 years. • They have failed of refused a blood test. • Operated the vehicle in a race. (Unnecessaryspeed or acceleration) • Caused the vehicle to undergo a sustained loseof traction.
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Land Transport Act 1998 Under what section and circumstances can police seize vehicles for 12 hours? |
Section 122 of the Land Transport Act 1998 If you believe on reasonable grounds that it is in theinterest of public safety you can seize and impound amotor vehicle for a period not exceeding 12hrs |
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Land Transport Act 1998
Under what section and circumstances can police seize vehicles for 7 days? |
Section 123 of the Land Transport Act 1998
For evidential material or scientific examination |
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What does R.R.E stand for? And what does it relate to? |
- Relevant to the offence - Reasonable - Enforceable It refers to Bail Conditions. |
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What circumstances do police have the authority to bail a prisoner? |
The police have authority when: When the prisoner is charged with any offense apart from the following; Murder Espionage Importing or Exporting of Drugs When the person is arrested without warrant. When the person cannot be brought before the court immediately When the police consider it prudent to do so. |
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If there is only one condition of police bail, and that condition is to attend court at a specific time and place, when must the court appearance be scheduled? |
Must NOT be later than 14 days from when the bail was granted. |
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If conditions are imposed along side the court appearance, when must the court appearance be scheduled? |
The date in which the defendant is required to attend court is no later than 7 days from the day bail is granted. |
