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15 Cards in this Set
- Front
- Back
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What discretion do police officers have? |
What enforcement action to take against offenders when |
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When do police officers NOT have discretion? |
Drink driving and family violence |
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What does the discretion VPM ensure? |
COMPLIANCE WITH LEGAL DUTIES AND RESPONSIBILITIES Accountability Human rights Appropriate and effective enforcement action taken |
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Before considering action against a person what should be done first |
Determine if an offence has been committed Verify ID Ensure there is sufficient admissible evidence |
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When making assessment for action what must be considered |
Nature and severity Characteristics and circumstances of offender Any injury loss or damage from offence APPROPRIATENESS OF ACTION IN LIGHT OF COMMUNITY EXPECTATIONS, effect of deterrence on offender and the community in general |
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What type of action should be taken to achieve its purpose |
The minimum or least severe |
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From most severe to least, name the 5 enforcement actions |
Charge and remand Charge and bail Charge and summons Infringement notice Caution and official warnings |
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Enforcement action against a young person or child. What should be considered? |
SERIOUSNESS OF OFFENCE Age, maturity, cognitive social and emotional development Mental capacity Availability of a caution or diversion program Drivers to crime (trauma) Previous action taken and the result of it |
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Eligibility for a caution |
Offender does need to admit to offence but MUST consent to a caution If children Parent, guardian or and Independent Third Person must be present |
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Eligibility for an Official Warning |
The victim must be consulted |
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Eligibility for an Infringement Notice |
Max of 3 Issued by same person Offender must be spoken to in person Cannot be issued to someone under 14 |
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Eligibility for Charge and Summons |
Must be issued within 2 months of interview Preferred method of proceeding Sufficient evidence to cover all points of proof |
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Eligibility for Charge and Recommendation for Diversion Program |
Offender MUST admit to offence Is recommended in Magistrates or Childrens court |
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Eligibility for Charge and Bail |
Decision made by SGT or above In accordance with bail act Bail with conditions is preferred to remand |
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Eligibility for Charge and Remand |
Decision made by SGT or above Children this is considered to be severe and used as an absolute last alternative |
