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41 Cards in this Set
- Front
- Back
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What are the 5 parts to SECT456AA of the crimes act? |
1. Requirement to state name and address (BORG) 2. State why you BORG a person has committed an offence. 3. Offence to fail or give false details (person) 4. Police officer to give details after 456AA request (oral/written) 5. Offence for police to fail to give oral or written name, rank and place of duty. |
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What is breach of peace? |
Whenever harm is actually or likely to be done to a person or his property or fear of being harmed through an assault, riot unlawful assembly or disturbance. |
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What are your 5 Breach of the peace common law preventative powers? |
1. Power to detain/restrain 2. Power to remove items 3. Power to give directions 4. Power to enter private premises 5. Power by Police to give move on direction (Sect 6 S.O.A) |
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What is Section 456AA Crimes Act 1958? |
Requirement to give name and address if BORG that a person has or is about to commit an offence or Someone may be able to assist in the investigation of an indictable offence. |
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What are the two states of mind affiliated to 'Mens rea' ? |
1. Intentionally 2. Recklessly |
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How is 'mens rea' prooven? |
1. Admissions
2. Overt physical acts |
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What are the general defences to a crime? SAMDIC or MADSIC |
Self defence Automatism Mistake of fact Drunkeness Insanity Coercion |
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What are the two elements of a crime? Explain them |
Actus Reus - Physical condut associated with the offence. Mens Rea - Blameworthy state of mind. |
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What is 'Culpability?' |
The blameworthy state of mind |
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What is the degrees of responsibility ? C U V I B E |
Concealing offences for benefit Using an innocent agent Vicarious liability Intentionally assisting, encouraging or directing Being an accessory Entering into an agreement, arrangement or understanding. |
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What are the two types of 'Actus reus'? |
1. Where the act is done 2. Where the act is not done |
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What are the 4 rules to determine admissibility? |
1. Hearsay 2. Opinion 3. Character 4. Discretion to exclude evidence |
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What are the exceptions to the hearsay rule? B E D P A C E |
Bail applications Evidence of recent complaint Dying decleration Protection Application Admissions & Confessions Confessiongs made through interpreter Evidence given at the coroners court |
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What are the 6 types of evidence? |
1. Direct evidence 2. Circumstantial evidence 3. Real evidence 4. Documentary evidence 5. Corroborative evidence 6. VARE |
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What is Section 139 Evidence Act |
Sect 139 is when you caution a person before questioning so the anything said after the caution can be used in court - therefore admissable |
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What offence is S.49E Summary Offences Act? |
Offence: Escape from a MOPF, vehicle, pso, etc prior to attending the police station. Summary Offence Sect 458 Arrest power |
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What offence is S.479A Crimes Act 1958? |
A person who assists someone to escape from a police members custody prior to attending a police station. I.e street arrest/in a vehicle Indictable offence Section 459 Arrest power |
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What offence is S.479C Crimes Act 1958? |
Escape police gaol/prison or prison van post being sentenced IOTS Section 459 C.A |
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What offence is Section 479B Crimes Act 1958? |
Baking a cake! Aiding and abetting IOTS Section 459 Arrest Power |
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What is express consent? |
Verbal and or other permission expressed to enter a property. This can be given by any occupier It cannot be revoked by another and can be given on the phone It can be revoked by the person who gave the consent |
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What is implied consent? |
It is implied a person can enter a property through an unloocked gate in order to communicate to the occupier. Implied consent can be revoked If a person has a locked gate or sign 'do not enter' then there is no implied consent |
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What is Section 459A of the Crimes Act? |
Power to enter & Search Arrest for a serious indictable offence (in vic or elsewhere) or Escapeing legal custody Finds committing serious indictable offence |
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Do you have a power to enter private premises if a breach of the peace is occuring? |
Yes, Obviously |
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What is Sect 22 of the Summary Offences Act |
Power to enter any public place or public place on private premises. To enforce the law - S.O.A |
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Summarise the Police powers of entry. S P E W S I E |
S - Specific statues, P - Peace, Breach of E - Escape W- Warrants S - Serious indictable offence I - Implied Consent E- Express consent |
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What are the types of search we conduct? |
Patdown Full |
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What 3 types of persosn do we generally search? |
Suspects Persons arrested Persons in or visiting police gaols |
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For what two searches do you require S/Sgt approval |
Full search Intrusive search (consent required) |
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What do you require for a consenual search? |
Signed authority With members conducting the searches details and The searched persons name, address, details of search |
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What are the 6 need to know mental health act parts? |
351 - Get it done - Apprehension 352 - Back to the zoo - Return medical facility 353 - Power of entry 354 - Pants to the floor - power of search 355 - Human rights, same sex, dignity 356 - Seize - danger, injury & escape |
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What are the 3 types of compulsory orders? |
Assessment order temperoary treatment order treatment order |
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What is our power to prevent suicide? |
Section 463B Crimes Act 1958 |
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What is the criteria to apprehend someone under section 351 of the Mental Health Act |
A. Person appears to have a mental illness B. Because of the persons apparent mental illness, the person needs to be apprehended to prevent serious or imminent harm to another person |
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Where must a person who is apprehended be taken? |
Registered/ mental health practioner Public hospital - or medical facility authorised under the act |
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When can you release a person who is apprehended under section 351? |
The person is released if. 1. Made subject to an assessment order 2. The person enters into the care of the hospital |
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What is section 352 of the mental health act? |
Power to apprehend absconded patient. a. inpatient assessment order b. inpatient temperorary treatment order c. inpatient court assessment order or Security patient - prisoner Forensic patient - cannot be trialled |
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What is section 353 of the Mental Health Act? |
Power of entry To search and apprehend a person to take to a designated mental health service |
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What is section 354 of the Mental Health Act? |
Power to search persons Danger Injury Escape |
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What is section 355 of the mental health act? |
Basically tell them everything you're doing. Human rights, dignity, privacy etc etc |
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What is S. 356 Of the Mental Health Act? |
Power to seize & Detain items Hospital must hand over prohibited items to police Any non illegal/prohibited items remains the property of the patient and stays with hospital |
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What is S.350 of the Mental Health Act? |
MOPF power to restrain - To prevent further harm, injury etc etc Medical practioner to sedate |
