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92 Cards in this Set
- Front
- Back
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Identity, what are the methods? |
Eyewitness identification Voice identification Admissions Handwriting DNA Deoxyribonucleic Acid Fingerprints |
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Identification parade requirements |
Consists of 8 or more persons or for two offenders 12 or more |
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Conduct of an identification parade |
By a sergeant or above who has no specific interest in the outcome |
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Photo boards, what is a requirement? |
A suspect must be given the opportunity to participate in an identification parade |
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Handwriting, who may give evidence? |
A handwriting expert may give evidence |
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What needs to be considered before taking action against a person? |
Determine if an offence has been committed Verify the identity of the offender Ensure there is sufficient admissible evidence |
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Enforcement Action Framework, aspects |
Nature, severity and gravity of the offence Characteristics and circumstances of the offender and victim Any injury, loss or damage resulting from the offence Appropriateness of the action in light of community expectations Requirements that apply to the specific enforcement action |
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Increments of enforcement action |
Caution/official warning Infringement notice Charge and summons Charge and bail Charge and remand |
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Summons, directs the accused to |
Court nearest to where the offence is alleged to have been committed - This is the first consideration Court close to residence This is called proper venue |
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Caution, requirements |
Offender must admit Offender must consent - to cannabis/drug diversion Children of or above ten - parent or guardian must be present |
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Official warning, requirements |
Offender must admit Offender must consent Victim has been consulted Age limitations |
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Infringement notices, requirements |
Maximum number is three More than one need to be issued by same police officer Offender must be spoken to in person |
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Charge and summons, requirements |
Sufficient admissible evidence Only the informant may issue summons Must be issued within two months of interview Summons is preferred method of proceeding |
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Charge and recommendation for diversion program, requirements |
Offender must admit Diversion is appropriate in the circumstances Recommended in Magistrates or Children's Court Offence must be eligble |
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Charge and bail, requirements |
Decision by sergeant or above or member in charge of a police station Use of bail with conditions is preferred to remand |
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Charge and remand, requirements |
Appropriate disposition discussion with a supervisor Remand of children is the last alternative |
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Bail, definition |
Bail means an undertaking in writing, signed by the accused (and his surety), that the accused will attend a hearing, trial or for sentence and surrender themselves into custody |
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Bail decision maker |
Court Police officer Bail justice Sherrif or an authorised person |
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Bail by police officer |
Sergeant or above or in charge of a police station, has the authority to remand for up to 48 hours For a child, a parent guardian or independent person must be present If bail is refused, the arrested person has the right to face court or bail justice |
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Types of bail |
Own undertaking without any conditions Own undertaking with conduct conditions With surety for a specified amount of money, with or without conditions |
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A bail decision maker must consider conditions that |
Reduce the likelihood that the accused may: Endanger the safety or welfare of any person Commit an offence Interfere with a witness Fail to surrender into custody Conditions must be reasonable and not too onerous |
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Examples of conduct conditions |
Reporting to a police station Residing at a particular address Imposing a curfew Not have contact with particular persons Surrender of passport Geographical exclusion Not drive a motor vehicle Not consume alcohol or drugs |
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What is a surety? |
A surety is a person who guarantees the accused will attend court on the specified date |
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What is a warrant? |
A warrant is a document issued by a legal or government official authorising the police or another body to make an arrest, search premises or carry out some other action |
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Authority conferred by warrant to arrest |
For any police officer or protective service officer To break, enter and search any place Arrest the person named or described Person must be brought before court or bail justice, or released on bail It is not necessary to be in possession of the printed warrant |
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How can the subject of a warrant be identified? |
The informant identifies Fingerprints Description Check on Leap or VIC Roads I Face Photo identification |
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What types of warrants are stored on EWOK? |
Warrant to arrest (bench warrant) Charge sheet and warrant to arrest Warrant of commitment Corrections warrant |
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What types of warrants are NOT stored on EWOK? |
DNA warrants Search warrants Remand warrants |
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Warrant responsibilities, time |
One hour to print, once print is selected Once warrant is executed, enter the details within 8 hours |
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Assault Common law definition |
Assault means to unlawfully assault or beat another person Any act which intentionally causes another to apprehend immediate and unlawful violence including the actual application of force |
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Assault statutory definition |
The direct or indirect application of force by a person to the body of or to the clothing or equipment worn by another person Without lawful excuse With intent to inflict or being reckless to bodily injury, pain, discomfort damage, insult or deprivation of liberty And results in the infliction of any such consequence |
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Assault involving the application of force |
Applied force Intention or reckless Without lawful justification or excuse |
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Assault not involving the application of force |
Caused person to apprehend immediate application of force Intended their actions No lawful justification or excuse |
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Definition of injury |
Physical injury - temporary or permanent Harm to mental health - temporary or permanent |
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Serious injury |
An injury that Endangers life or Is substantial and protracted |
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How can intent to cause injury be proven? |
Admission Overt physical acts Circumstances Tendency or coincidence evidence |
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When is someone reckless towards an injury? |
Harmful consequence would probably result from their conduct Accused must have been aware Injury was probable or likely |
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Common assault offence |
Any person who unlawfully assaults or beats another person Summary offence |
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Aggravated circumstances assault |
Any male child not older than 14 Any female Kicking In company By weapons or instruments |
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Assault points of proof |
Identify Unlawfully assault Another person Aggravated circumstances In company with others In company with another Kicking Weapon or instrument |
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Defences to assault |
Consent Amicable contest Misadventure or Accident Execution of the law Lawful correction or chastisement Self defence |
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Minor assault civil action requirements |
Parties are known to each other Was not witnessed by another person No visible injury No breach of peace Assault not the result of family violence |
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Victims charter act |
Police members must hand out the Notice to the victim form |
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Examples of injuries |
Minor abrasions, lacerations Shallow incision Broken teeth Temporary loss of consciousness Temporary loss of sight or hearing Fracture of small bones Broken nose |
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Injuries that will always be serious |
Quadriplegia Traumatic brain injury Loss of limb or organ Infection with serious disease Damage to major bones Severe damage to organs Total loss of sight, taste, sense, smell |
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Wilful damage, definition |
Any person who wilfully injures or damages any property (whether private or public) and the damage done being under the value of $5,000 shall be guilty of an offence Summary |
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Wilful damage, points of proof |
Identify Wilfully Injures or damages Property Value under $5,000 |
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Property, definition |
Property is defined as real or personal property of a tangible nature Person, business/company or government can be owner |
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Wilful damage, defence |
If the person acts under a fair and reasonable supposition that they had a right to do the act |
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Criminal damage, definition |
A person who, intentionally and without lawful excuse, destroys or damages any property belonging to another, or to himself or another, shall be guilty of an indictable offence Any value Indictable offence IOTS for damage not more than $100,000 Exceeds $100,000 - trial County Court |
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Criminal damage by fire |
Where the destruction or damage is caused by arson, the accused must be charged with criminal damage by fire |
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Elements of criminal damage |
Damaged or destroyed property Belonged to another or himself or another Intentional No lawful excuse |
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Criminal damage, lawful excuse |
The owner would have consented Property belonged solely to them Had a right or interest that authorised them |
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Theft, definition |
A person steals if he dishonesty appropriates property belonging to another with the intention to permanently deprive the other of it Indictable IOTS up to $100,000 |
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Theft, points of proof |
Identity Dishonestly Appropriates Property Belonging to another Intention to permanently deprive |
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Appropriated property |
Accused appropriated something Is is property That belonged to another person Assumed the rights of the owner |
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Property, definition |
Includes money, all other property real or personal, things in action (shares, bonds etc) other intangible property To be subject of theft it must have An owner and Value (can personal or sentimental) |
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Theft, shop steal, caution |
An adult may receive a caution when Total retail value less than $100 No theft from more than one store No aggravating circumstances (assault, staff member) |
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Theft of motor vehicle |
If the person Took or in any manner used, without consent May be heard summarily irrespective of the value |
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Disqualification following TOMV |
If found guilty the court may If convicted the court must Suspend the licence or permit Cancel the licence Disqualify from obtaining licence |
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Interfering or tampering with MV |
Interfere - to handle, apply pressure not change it Tamper - to meddle as to change it |
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Illegal taking or using of vehicle |
Vehicle other than a motor vehicle, eg bicycle Without intent to permanently deprive Summary offence |
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Civil dispute over property |
Between two people where the elements of theft are not met Police are to advise civil action |
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Found property |
Is to be lodged on PALM |
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Sexual crime |
Extremely serious criminal behaviour That makes the victim feel uncomfortable Can include touching, kissing, look at pornographic material, voyeurism, exhibitionism, sexual harassment, verbal harassment, innuendo, rape, incest, stalking |
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Sexual crime, functions of Victoria Police |
Support and protect victims Thoroughly investigate Establish whether a crime has been committed, gather evidence Identify, apprehend and prosecute offenders Follow the code of practice for investigation of sexual crime |
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Groups with additional barriers when reporting sexual crime |
Aboriginal CALD communities Newly arrived and refugees Disabled Older people LGBTI |
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Recent sexual crime |
Is deemed to have occurred when 72 hours or less have transpired Forensic evidence may be collected hours or days after the 72 hours Victims must be taken to Centre Against Sexual Assault CASA within two hours of initial contact with police |
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Evidence of recent (first) complaint |
When a victim of sexual crime discloses at the first reasonable opportunity May be admissible, even from a third person Needs to be unsolicited, not as result of questioning |
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Distribution of intimate image |
Intentionally distributes intimate image Contrary to community standards Defences Person in image is 18 years or older and Consented to distribution |
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Threat to distribute intimate image |
Makes a threat Contrary to community standards A intends that B will believe the threat is carried out |
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Sexual exposure |
Exposes genitals Intends to expose Exposure is sexual In or in view of public place Defence Mistaken but honest and reasonable belief that exposure was not in or in view of public place Summary offence |
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Sexual activity directed at another person |
Engages in sexual activity Another person sees activity or part of Intends another person will see activity Intends another person experiences fear or distress Can be committed anywhere Indictable offence IOTS |
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Use drugs |
Summary offence Statute of limitation 3 years |
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Cultivate drugs |
Grow, seed, tend, nurture, harvest, graft, divide or transplant A narcotic plant Charge is determined by weight and number of plants
Indictable, low level IOTS Commercial and large commercial quantities must go to trial |
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Traffick drugs |
Prepare a drug for trafficking Manufacture of drugs or sell and exchange, agree to sell Charge determined by quantity of drug trafficked Indictable offence IOTS Commercial and large commercial quantities must go to trial |
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Possession of drugs |
Is in possession when on the land or premises or is used enjoyed or controlled by him/her in any place
Indictable offence IOTS |
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Handling and seizing of drugs |
All drug items and locations are hazardous Wear masks and gloves Use Tamper evident audit bags Paper or Hessian bags for Cannabis Ensure continuity when seizing drugs until it is analysed |
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Power to search Section 82 DPCSA |
Police officer has suspicion on reasonable grounds In a public place On or in vehicle, animal or person Anywhere On or in boat or aircraft With such assistance as necessary Search and detain person Seize and carry away Drug of dependence Or any instrument used to manufacture, sale, prepare |
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Clan labs - Clandestine Laboratories |
Are extremely hazardous Evacuate area and inform D24 immediately |
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Searching prone subject |
Stay to the rear of subject One knee behind triceps Roll subject onto side Change knees if required Legs can be brought to rear Communicate finds to cover member Roll over to search other side Walk around the head, don't step over subject Cover member watches, takes notes, assists |
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Handcuffing, uncooperative while prone to the rear |
Any person arrested should be handcuffed if it is believed to be necessary Several members should be involved where possible Establish control position Lift subjects hands away Check for fit and double lock |
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Restraint and control |
Verbal commands should precede Tactics are intended to shut down a subject so harm is minimised Arrest of resisting person Removal of demonstrators Arrest of violent offenders and drunken brawlers Restraint of mentally unstable persons Consider vulnerability of equipment and communicable disease |
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Edged and blunt weapons |
Firearm is an option, but needs to be justified Member must have fear for his life or that under his/her protection Member has considered all other options Use of force must be reasonable and proportionate, section 464A Call knife Create distance Communicate Deflect and run Grab wrist |
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Firearm retention |
GRAB, they grab you grab UNDO, get advantage, wrest, strike, kick, punch NEUTRALISE, effect the release, ensure firearm is safe in holster, create distance, access options |
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Social determinants |
Health Housing Education Employment Poverty Family Friends Social justice |
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Bias |
It is a particular trend, inclination, feeling or opinion especially one that is preconceived or unreasoned |
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Concious thinking |
Being aware of your thinking Using effort and attention Requiring focus Gathering and processing information Being slow and deliberate Looking for the truth |
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Unconscious thinking |
Described as "not thinking" A complex network of associations formed over time Based on social norms, customs and stereotypes Based on habits Lightning fast and efficient Prone to error |
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E referrals |
VPeR in LEDR Mk2 Cannot refer without consent Cannot refer family violence matter Cannot be used for crisis intervention For a child, parent or guardian must consent |
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Human rights |
DOC Duty of care F reedom R espect E quality D ignity A uthorised by law N ecessary T he least restrictive option |
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Decision making framework |
Consequences, who wins who loses Objective/Subjective, reasonable person test Rules, what principles are at stake, law, VPM Expectations, personal, VicPol, Community |
