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119 Cards in this Set
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Section 39 of crimes act 1961 |
Gives constable or other person assisting power to use force when making an arrest |
Hand cuffs |
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Section 40 of crimes act 1961 |
Gives authority for Police to use force to stop a person escaping |
Zero is a circle |
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Section 41 crimes act 1961 |
Allows anyone to use reasonable force to prevent the commission of suicide |
Hang man |
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Section 42 of crimes act 1961 |
Allows anyone to use reasonable force to prevent a breach of the peace |
Peace |
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Section 48 of crimes act 1961 |
Allows anyone to use as much force as reasonable in defence of himself or herself or another person |
Save ya mate |
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Section 62 of crimes act 1961 |
Everyone authorised by law to use force is criminally responsible for any Excess force used |
In the poo |
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Section 32 of policing act 2008 |
Allows forced to be used to obtain details of identification IE fingerprints from people in lawful custody entertained for committing an offence |
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Section 33 policing act 2008 |
Allows for forced to be used to obtain details of identification E fingerprints from people suspected of committing offences and there is an intention to proceed against them by the way of issuing a summons |
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Section 21 of Bill of Rights act |
Every person should be secured against unreasonable search and seizure of a person property or correspondence |
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What is the bill of rights |
You are under arrest for… 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 an evidence in court. you have the right to speak with a lawyer without delay and in private before deciding whether to answer any questions. the police have a list of lawyers you may speak to for free. do you understand your rights not |
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Section 22 of Bill of Rights |
Everyone is protected from arbitrary random arrest or detention |
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Section 23 Bill of Rights |
People arrested or detained under any enactment have rights and must be informed of those rights (adult caution) |
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Section 24 Bill of Rights |
People charged with An offence have certain rights and must be informed of them (Adult caution) |
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Arrest powers under section 39 (1) summary offences act |
-He has good cause to suspect (someone) -Of having committed an offence against this act. Except sections 17-20, 25, 32-38 |
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Arrest powers under section 39 (2) summary offences act |
-Within his view (someone) -Does an act the constable believes is and offence against sections 17-20, 25, 32-38 AND -Fails to give details OR Gives false details NB You must have seen the offence happen |
-Within his view (someone) -Does a non-imprisonable offence under this act |
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Arrest powers under section 315 (2)(a) crimes act |
-He finds (someone) -Disturbing the public peace OR -Committing any offence punishable by imprisonment NB You must have seen the offence committed |
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Arrest powers under section 315 (2)(b) crimes act |
-He has good cause to suspect (someone) -Of having committed a breach of the peace OR - any offence punishable by imprisonment |
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Section 7 victims rights act |
All those dealing with victims should treat the victim with courtesy and compassion and respect the victims dignity and privacy |
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Section 8 victims right act |
Victim or member of the victims family who has welfare health counselling Medical or legal needs arising from the offence should have access to services that are responsive to those needs |
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Section 11 victims rights act |
All those dealing with victims should inform victims at the earliest opportunity of programs services and remedies available to them |
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Section 12 victims rights act |
The prosecuting authorities must advise the victims of; A-Progress of the investigation B-Charges filed or any action taken C-Date and place of criminal proceedings D-The role of the victim as a witness E-Any outcome of proceedings |
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Section 51 victim rights act |
A persons property (other than property of the offender) held for evidential purposes must be returned as soon as practical when it is no longer required as evidence |
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Section 29 victims rights act |
Outlined the criteria for a victim to be placed on the victim notification register. If the victim meets this criteria they must be informed of their rights to be on the victim notification register |
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What are the basic principles at an incident |
Freeze control preserve |
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What is UNBENT |
The duties of a scene guard Unauthorised entry Notebook recording Brief authorised personnel Explore and report suspicious activity No contaminating at yourself Think of the animals |
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What is VAWSEEPO |
The eight steps systematic approach to investigations Victim/informant Appreciation Witness Scene Exhibits Elements Powers Offender |
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What is TEDS |
A questioning style Tell Explain Describe Show |
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What is the purpose of arrest |
Arrest is lawfully taking a person suspected of committing an offence into custody or temporarily taking their liberty away. For these reasons; Safeguarding the public interest Ensuring the person appears in court Protecting the persons own interest. |
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What is an arrest |
Statement from a constable; You are under arrest PLUS Formally touching the body of the person being arrested eg placing hand on the offenders shoulder OR An agreement from the person being arrested |
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Section 316 crimes act 1961 |
Any person who is arrested must be informed at the time of the arrest for the reason for the arrest unless; The reason is obvious or it is impractical to do so |
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How long can someone be held for beaching the public peace? |
2 hours |
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What is AWOCA |
Ask- request cooperation Why- explain why, reason for action, power to act Options- provide options (good/bad/good) Confirm- confirm their understanding. Is there anything I can reasonably say or do to get you to …. I would like to think there is Act- take appropriate action |
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Section 125 search and surveillance act |
If exercising a search power to search a person you must - identify ourselves -state the name of the enactment -state the reason R.A.N (reason act name) |
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Example of R.A.N |
My name is constable hoggard from the Blenheim police station. Under the search and surveillance act 2012 I am going to search you to ensure you don’t have anything that may harm any person or facilitate your escape |
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Section 85 search and surveillance act 2012 |
When a person has been arrested or detained you may search that person to ensure they are not carrying anything that may be used; To harm any person To facilitate the persons escape |
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Section 88 search and surveillance act |
For anybody you have arrested or detained and you have reasonable grounds to believe the person is carrying anything that; May be used to harm any person May be used to facilitate the persons escape Is evidential material in relation to the offence they were arrested for |
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Section 11 search and surveillance act |
You may search any person who has been taken into custody and is or is about to be locked up. This is a custody search and would take place after a section 85 or 88 search |
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Section 13 search and surveillance act 2012 |
Property that is taken from people locked up in police custody should be itemised and all items taken must be returned on release unless it is for evidential purpose |
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Section 92 search and surveillance act 2012 |
Purposes for which consent search may be undertaken. You may conduct a consent search for one or more of the following purposes; To prevent the commission of an offence To investigate whether an offence has been committed To protect life or property To prevent injury or harm |
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Section 93 search and surveillance act 2012 |
Advice that must be given before a consent search is undertaken |
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Section 94 search and surveillance act 2012 |
Circumstances where a search is unlawful |
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Section 95 Search and surveillance act 2012 |
Ability of persons under 14 yeah to consent to searches of places vehicles or other things |
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Section 131 search and surveillance act 2012 |
Your obligations when using a search power for place vehicle or other thing. (With or without a warrant) R.A.I.N Reason act intent name |
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Example of R.A.I.N |
Kia ora I’m constable Hoggard from the Blenheim police station under the search and surveillance act 2012 I intent to search your vehicle to look for the iPhone stolen from Noel Leaming |
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When are you not required to R.A.I.N |
If you have reasonable grounds to believe; -No person is lawfully present in or on that place vehicle that is to be searched -complying with these requirements would endanger any persons safety or prejudice the successful use of the search and entry power or prejudice ongoing investigations |
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Section 169 search and surveillance act 2012 |
Report use of powers, must contain; - short summary of circumstances -the reasons you needed to exercise the warrant less power - whether any evidential material was seized -whether any criminal proceedings have been or are being considered as a consequence of seizing evidential material EXCEPTIONS- s85-88, s11, s91-96, s14 |
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Section 110 search and surveillance act 2012 |
Every search power authorises you too -enter and search (what you are authorised) - request assistance - use reasonable force (on property) - seize -bring and use -take |
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Section 14 search and surveillance act 2012 |
Warrant less entry to prevent offences or respond to risk to life or safety; You may; Enter place or vehicle without warrant AND take any action that you have reasonable grounds to believe is necessary to prevent the offending from being committed or continuing OR To avert the emergency |
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Section 7 search and surveillance act 2012 |
Entry without warrant to arrest person. If you have reasonable grounds to: Suspect a person in unlawfully at large AND believe that the person is in a place or vehicle you may ; Enter without warrant and search to arrest that person |
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Section 8 search and surveillance act 2012 |
Entry without warrant to avoid loss of offender or evidential material. You may enter and search to arrest person if you believe loss of offender or C.A.D.D to evidence will occur |
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Section 83 search and surveillance act 2012 |
Entry without warrant after arrest. If you believe that evidential material relating to the offence for which the person was arrested is at a place OR entry delayed causes C.A.D.D You may enter without warrant to search for the evidential material |
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Section 84 search and surveillance act 2012 |
Warrants entry and search of vehicle after arrest. |
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Section 123 search and surveillance act 2012 |
Seizure of items in plain view |
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What is C.A.D.D |
Concealed Altered Damaged Destroyed |
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Section 112 search and surveillance act 2012 |
Items of uncertain status may be seized but must be returned if investigation shows it was unlawful |
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Section 29 search and surveillance act 2012 |
If you have reasonable grounds to believe that any stolen property is in or on any vehicle you may search without warrant |
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What is unlawfully at large |
In relation to a person who; Has an arrest warrant (excluding fines) Has escaped Prison Escaped lawful custody Is a special patient Intellectual disability has escaped |
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Section 27 search and surveillance act 2012 |
Warrant less power to search people in a public place If you have RGTB that: A person is committing an offence against S202A(4)(a) of the crimes act 1961 (in a public place) you may without warrant search the person R.A.N and 169 applies |
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Section 28 search and surveillance act 2012 |
Warrantless power to search vehicle in a public place If you have RGTS that a person travelling in a vehicle (or who has exited) is committing an offence against S 202A(4)(a) of the crimes act 1961 And The vehicle contains a knife, offensive weapon or disabling substance you may without warrant search the vehicle R.A.I.N and 169 applie |
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Paramount principle in section 4A(1) Oranga Tamariki Act 1989 |
The well-being and best interests of the child or young person are the first and paramount consideration |
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Definition of a child |
Person under the age of 14 |
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Definition of a young person |
On or over the age of 14 but under the age of 18 |
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Section 10B OT Act |
Deals with leaving a child without reasonable supervision and care. |
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Section 42 OT Act |
RGTB it is critically necessary to protect child or young person from injury or death without warrant can enter and search and place in custody of OT Within 3 days must inform commissioner bulletin boards create notification feature |
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Section 48 OT Act |
CYP found unaccompanied |
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Functions of a coroner |
Normally holds a position equivalent to that of district court conducts investigation into causes and circumstances of a death |
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Section 13 coroners act |
Anyone who finds a body must report the finding to police ASAP Anyone who learns of a death that is reportable per S14 must report to police |
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Section 17 coroners act |
Police must do what is necessary to achieve the purpose of the act |
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Section 115 coroners act |
Commissioner must cause police employees to help |
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Section 14 coroners act |
Deaths that must be reported Suicide Cause unknown Unnatural/violent Medical Birth Institutional Enactment |
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Inquest purpose explained |
The FACT the person has died the IDENTITY of deceased the CAUSE of death WHERE & WHEN death occurred the CIRCUMSTANCES of the death |
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Who conducts a post mortem |
Authorised by coroner who directs pathologist |
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Definition of a missing person |
A person who is reported to the police PLUS the whereabouts is unknown AND fears are held for their safety |
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What to consider for fears for safety of a missing person |
Age Zones of safety Circumstances |
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When does a PO made without notice become final |
3 months after the date the order was made. |
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What are the standard conditions of a PO |
Standard condition against Violence Contact Weapons |
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What are the standard conditions of a PO |
Standard condition against Violence Contact Weapons |
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When must someone surrender firearms after being served a PO |
No later than 24 hours |
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What happens to a firearms licence after being served a PO |
Deemed to be suspended when a temporary order is made and revoked on the making of a final order |
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Section 18 search and surveillance act |
RGTS a person is carrying arms or has possession of them or has them under his or her control. Search and seize |
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Definition of respondent |
Person the order is against. (Must be 16 or over) |
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Definition of applicant |
Person who is presented by the order |
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What section and act do your powers of arrest come from for breaching a PO |
Section 113 of the family violence act |
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What happens with a breach of PO |
24 hour cooling off period. Cannot be released on police bail in that time and must appear before the court. After 24 hours they MAY be released police bail can have conditions imposed. Police bail must be authorised by a NCO |
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What happens with a breach of parenting order? |
Offence under s78 care of children act. Penalties up to 3 months imprisonment or fine up too $2500 |
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Who can issue a PSO |
Any constable may issue a PSO but must be authorised by a qualified constable. |
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What is a ‘qualified constable’ |
Is of or above the rank of sergeant |
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Who is a ‘bound person’ (PSO) |
The person whom the order is issued becomes a bound person. Bound by the conditions of the PSO |
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When to consider a PSO |
When there is no sufficient evidence for an offence but you believe it is necessary to take action to ensure safety of the person at risk |
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What section and how long can you detain for purpose of PSO |
Section 32(1) family violence act can be detained for 2 hours |
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What happens with failing to remain or refusing after being detained for PSO |
Power of arrest section 32(2)(b) family violence act punishable by $500 fine If the person is arrested and an order is not issued they can still be charged section 32(3) |
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When do firearms have to be surrendered after PSO |
Immediately |
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Durations of PSO |
Maximum time period is 10 days. Order must be served within 48 hours of it being issued |
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What happens with a breach of PSO |
It is not an offence so cannot be arrested but may be taken into custody. 24 hour cool down period but MUST be released after that 24 hours and appear before the court |
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Section 9 search and surveillance act |
Stopping a vehicle to find persons unlawfully at large or who have committed an imprisonable offence. RGTS unlafully at large RGTB in vehicle |
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Section 10 search and surveillance act |
Powers and duties of a constable after vehcile has been stopped. IF exercising S9 you may require any person in vehicle NADPOO if RGTS unlawfully at large or imprisonable offence and search the vehicle. RAN Driver |
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Section 118 Search and Surveillance act |
Powers of detention incidental to powers to search places and vehciles, any person. BOR |
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Section 119 search and surveillance act |
Powers to search persons at place or vehicle. ANyone who is in the place of search or arrives at the place of search etc. |
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Section 121 search and surveillance act |
121(1) stopping a vehicle without warrant for purposes of a search 121(2) stopping a vehicle to execute a search warrant |
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Section 122 Search and surveillance act |
Moving a vehcicle for the purpose of search or safekeeping. |
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Section 128 search and surveillance act |
Duty to remain stopped vehicle and persons |
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section 129 search and surveillance act |
duty to provide information if you stop vehicle you must RAN |
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Section 30 search and surveillance act |
Obtaining authorisation for warrentless road block. Must be acting sgt or above |
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Section 32 search and surveillance act |
Authorised road blocks implemented without warrant. Establish stop require search |
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Section 15 search and surveillance act |
Entry without warrant to find and avoid loss of evidential material. RGTS 14+ year offence occured RGTB evidential material is inside RGTB if delayed CADD will occur You may enter and search place RAN and 169 applies |
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section 16 search and surveillance act |
seacrching people in a public place without warrant for evidential material relating to certain offences. Person in a public place RGTB person is in possession of evidential material relating to 14+ year offence you may search without warrant. RAN, Detain, 169 |
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Section 17 search and surveillance act |
warrantless entry and search of a vehicle for evidential material relating to certain offences. - vehicle is in a public place RGTB evidential material relating to 14+ year offence Enter and search the vehicle without warrant Use 121 to stop the vehicle. RAIN 169 |
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section 118 search and surveillance act |
powers of detention incidental to powers to search places and vehicles. when exercising a search power in relation to a place and vehicle to determine if there is a connection between a person at the place or in the vehicle AND the object of the search YOU MAY: detain any person that is in ythat place or vehicle from the start or who arrives or stops and tries to enter. Detain for reasonable period but no longer than the search. Detain so BOR |
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section 119 search and surveillance act |
powers of search person place or vehicle. Exercise any power you may search any person found at place or in vehicle. IF either you have RGTB evidential material that you are searching for is on person or RGTS person has inpossession something that poses risk and belive immediate action is necessary. |
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section 116 search and surveillance act |
Securing place vehicle or other thing to be searched |
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Mental disorder defined |
Mental disorder in relation to any person means an abnormal state of mind. Characterised by delusions, or by disorders of mood, cognition, perception or volition to such a degree that it; Poses a serious danger to the health or safety of that person or of others OR seriously diminishes the capacity of that person to take care of themselves. |
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Restricted patients |
Patients subject to a compulsory treatment order but are considered a danger to the public. |
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Special patients |
Patients who are detained by way of a court order if they are found to be criminally insane or unfit to plead. |
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Section 109 Mental health act |
In a public place you can detain any person if you think they are mentally disordered. Must take them to an appropriate place to be assessed. MUST arrange an examination. You can only detain for 6 hours |
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What happens with a restricted/ special patient AWOL |
May be apprehended and returned to hospital at any time. |
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What happens with a compulsory treatment order patients AWOL |
may be apprehended and returned to hospital if within 3 months of going missing |
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Section 41 Mental health Act |
Any member of police may be called upon to assist DAO so they may assess a patient or transport a patient for assessment or treatment. No person should be detained for more than 6 hours. |
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Sections 110C mental health act |
Any member of police may be called upon to assist medical practitioner enter a premises by force if necessary |
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section 122 b mental health act |
When exercising powers in an emergency you may use force as necessary |
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