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117 Cards in this Set
- Front
- Back
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What are the priority communities? |
Aboriginal/Torres strait islander, LGBTI, Mentally impaired, Youth, Elderly, Disabled, Multicultural. |
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What do DOC, FRED and ANT stand for? |
Duty Of Care, Freedom/ Respect Equality/ Dignity, Authorized by law/ Necessary, reasonable or proportionate/ The less restrictive alternative |
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What are the Social Determinants? |
Health, Housing, Education, Employment, Poverty, Family, Friends, Social Justice |
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What are the Vic Pol Values? |
Flexibility Leadership Integrity Professionalism Respect Support Safety |
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What is the Vic Pol Code of Ethics? |
I uphold the right in my role within Victoria Police to act impartially, with integrity and provide service excellence to everyone. |
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What is the SELF test used for and what does it stand for? |
A Decision making tool; Scrutiny Ethical Lawful Fair |
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What is the Vic Pol mission statement? |
At VicPol, our role is to serve the Victorian community and uphold the law to promote a safe secure and orderly society. Through combined efforts of our workforce, Victoria Police achieves this by: - Preserve the peace, - Protect life and property, - Prevent offenses, - Detect & apprehend offenders - Help those in need. |
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General Functions of Police |
Preserve the Peace Protect life and Property Prevent commission of Offences Detect and Apprehend offenders Help those in need of Assistance |
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Human Rights |
Lawful limiting for as log as necessary is not the removal of a Human Right. When making a decision that limits a persons rights - remember proportionality under the Charter of Human Rights Use the PLAN acronym; Proportionate Lawful Accountable Necessary |
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BORG- What is it and what does it mean? |
Belief on reasonable grounds - more than just suspicion, anyone would make the same assumption based on facts. |
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What are the factors of BORG? |
Nature of offence, Demeanor of person, Circumstances, Evasiveness and Evidence from others |
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What are the two types of Law? And which one overrules the other? |
Statute law (legislation made by Parliament) and common law (judge made law).
Statute overrules common law |
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What does it mean to be Culpable? |
To be blameworthy |
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What is Actus reus? |
Where the act is done / or not done |
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What is Mens rea? |
State of mind / guilty mind |
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What two acts are required to be culpable? |
Actus reus & Mens rea |
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What are the two Requirements to prove the mental aspect in the previous question? ( question about what two elements require to be culpable) |
An admission + overt physical act |
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What are the two types of offences? |
Summary and Indictable |
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The Crimes Act Includes only this type of offence unless stated otherwise? |
Indictable offence |
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What are the three common law presumptions? |
Irrebuttable presumptions Rebuttable presumptions Presumptions of fact |
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What are the 'Irrebuttable Presumptions'? |
Anyone under the age of 10 is incapable of mens rea/ committing a crime Everyone is presumed to know the law. |
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What are the 'Rebuttable Presumptions'? |
- Innocent till proven otherwise - Anyone above 10 but under 14 can't form mens rea unless proven otherwise. - Sane till proven otherwise - Voluntary drunkenness is not a defence - Liquid is liqour |
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What is a 'Presumption of Fact'? |
A presumption of face refers to the inference that may be drawn from the existence of other available facts and is generally agreed to without the need for further evidence to prove the fact in issue. |
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In a criminal law case the prosecution must prove their case to what point? |
Beyond reasonable doubt |
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In civil law case the standard of proof required to win is? |
On the balance of probability |
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What is the court hierarchy? (Lowest to highest) |
Children's, Coroners, Magistrates, County, Supreme & SupremeCourt of Appeal, High Court of Appeal. |
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What is the primary inclusionary rule for evidence? |
Is it relevant - s55 Evidence Act |
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What is a fact in issue? |
Something that the prosecution and defence dont agree to (pop or other matters) |
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What are the 6 classifications of evidence? |
Direct evidence - using his five senses (seen, heard, touched, smelt tasted) Circumstantial - evidence that directly proves that fact, or evidence of a related fact from which a jury can infer. Real evidence - something tangible i.e the weapon. Documentary - another form of direct evidence, any record of information. Corroborative - other independent evidence tending to support the accuracy of evidence already given. VARE - Video & Audio Evidence SOCIT job, must be trained. |
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What are the 4 exclusionary rules for evidence? |
Hearsay Opinion Character Discretion to exclude |
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What is the standard of proof for Criminal Law? |
Beyond reasonable doubt |
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What is the standard proof for Civil Law? |
Balance of probability |
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What are defenses to crime ? |
Mistake of fact, Coercion/duress, Self-defense, Automatism, Insanity/mental impairment, Drunkenness |
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Is an attempt to commit an indictable offence a summary or indictable offence? |
Indictable.... |
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What is the max time a magistrate can sentence an offender for one offence? And also the max amount for more than 3 offences? |
2 years and 5 years |
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Cumulative vs Concurrent? |
Cumulative = one sentence after the other Concurrent = served at same time |
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What is an IOTS? and which two parties need to agree to proceed? |
Indictable offence trialed summarily - accused and the court must agree to proceed |
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Arrest defined |
Arrest is the total restraint of a person for however short a time. A person is arrested when police deprive him of his liberty, regardless of the words used. The person must be told that they are under arrest and for what offence. |
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What are the 3 types of arrest? |
- Arrest with warrant - Arrest without a warrant - Summons |
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What must a person feel before they are considered arrested? |
Compelled |
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What is section 458 Crimes Act? |
Power of arrest - used for summery offences Any person, weather a police officer or not, may at any time without warrant apprehend and take before a justice to be delt with according to law or deliver to a police officer to be so taken, an person - a, he find committing any offence (indictable or summary) where he believes on reasonable grounds that the apprehension of the person is necessary for any one of the following reasons, namely - (i) to ensure the attendance before a court (ii) to preserve public order (iii) to prevent to continuation or repetition of the offence or the commission of a further offence (iv) for the safety or welfare of members of the the public or of the offender: 458 b - when instructed by a MOPF power to apprehend 458 c - he BORGs is escaping from legal custody or aiding and abetting another person to escape from legal custody or avoiding apprehension from someone who has authority |
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Criteria for exercising arrest CAPS |
Power of arrest is conditional only. Even though the offender may have been found committing an offence, the power to arrest will not apply unless the arresting member BORG that the apprehension is necessary for one or more of the following reasons; a, to prevent the CONTINUATION of the offence b, to ensure the ATTENDANCE of the offender before a court - Identification of the offender c, to preserve PUBLIC ORDER d, For the SAFETY or welfare of the public and/or offender |
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What is Section 456AA Crimes Act? |
Requirement to give name and address. A police officer may request a person to state his or her name and address if the police officer believes on reasonable grounds that the person has committed or is about to commit an offence (indictable or summery) or may be able to assist in the investigation of an indictable offence which has been committed or suspected of been committed. Not an arrest power! Failure to give N&A = FINDS COMMITTING - arrest under 458 |
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If someone fails to supply name and address when required under 456AA, what act/ power can you use and what can you do? |
Arrest them under 458 Act for failing to comply with 456AA and take them to the station until their identity is verified. They will be charged with the further offence of failing to comply with 456AA |
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What is section 459 Crimes Act? |
A power of arrest for indictable offences. 459(1) A police officer or a protective service officer, on duty at a designated work place, may at any time without warrant apprehend any person- a, he BORG has committed an indictable offence in Victoria including IOTS b, BORG has committed an offence elsewhere which if committed in Victoria would be an indiatable offence against the law in Victoria - including IOTS. |
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Section 459A? Crimes Act |
Power of Entry and Search. A police officer may, for the purpose of arresting under section 458 or 459 or BORG - (i) to have committed in Victoria a serious indicatable offence (ii) to have committed an offence elsewhere which if committed in Victoria would be a serious indicatable offence (iii) to be escaping custody b, finds committing a serious indicatable offence - enter and search any place where the police officer BORG believes him to be. A police officer may if necessary use reasonable force. |
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What is a Breach of the Peace |
Breach of the peace is any disturbance of public order involving the threat of violence or harm to property - BoP is not an offence therefore there's NO POWER OF ARREST. - There must be reasonable belief the threat is imminent - Reasonable force may be used - All powers cease once the breach or threat ends |
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Breach of the Peace powers |
- Power to enter premises - Power to remove items - Power to give directions - Power to restrain or detain |
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Section 464 C.A. In Custody |
Section 464(1) C.A. provides a definition for when a person is in custody:
a, Under lawful arrest by warrant b, Under lawful arrest without a warrant (s458 & 459 C.A.) c, In the company of an investigating official and is - (i) being questioned (ii) to be questioned (iii) otherwise being investigated - to determine his involvement in an offence if the investigating official has enough information to justify the arrest of that person - in respect of that offence WHEN A PERSON IS IN CUSTODY THEY MUST BE GIVEN CAUTION & RIGHTS |
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Section 464A (1) C.A. Every person taken into custody must be? |
a, Released unconditionally b, Released on bail c, Brought before a Bail Justice or Magistrates - within a reasonable time of being taken into custody. NOT A PENILITY NOTICE! |
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What factors constitute "reasonable time"? |
a, Time it takes to bring the suspect before a bail justice or Mag Crt. b, The number and complexity of the offences being investigated. c, Time for the investigating official to read, collate and prepare material for questioning. d, Transpiration of the suspect. e, The number of other people who need to be questioned in relation to the matter. f, The need to visit the place where the offence was committed or any other place connected to the offence. g, Time taken to communicate with a lawyer, friend relative, parent, guardian or ITP. h, Time taken by the lawyer, interpreter, parent etc to arrive arrive at the place where questioning or investigation is to take place. i, Medical attention. j, Rest period for the suspect. |
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What is the exception to the the 'right to communicate' ? |
If the communication would result in the escape of an accomplice or the fabrication or destruction of evidence. |
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What is Section 139(1) Evidence Act |
Section 139(1) relates to a person who is under arrest being questioned without being given a caution. The evidence from that questioning is taken to be OBTAINED IMPROPERLY.
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What is the Crimes Act 462A |
Use of force A person may use such force not disproportionate the the objective as he believes in reasonable grounds to be necessary to prevent the commission, continuance or completion of an indictable offence or to effect or assist in affecting the lawful arrest of a person committing or suspected of committing any offence. |
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When do you have to give someone Caution & Rights? |
(a) When you have arrested them. (c) When you are questioning a person about an offence and have a reasonable belief the person has committed the offence and you have an arrest power but HAVE NOT ARRESTED THE PERSON. |
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When do you Caution only? |
(b) When you are questioning a person about an offence and have a reasonable belief the person has committed the offence and you have an arrest power but DO NOT HAVE AN ARREST POWER. s139 Evidence Act
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When is a Caution & Rights not required? |
When the suspect is undergoing a PBT or EBT When a suspect has been requested to give their name & address under 456AA C.A |
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Right to Communicate |
s464C(2) If a person wishes to communicate with a friend, relative or legal practitioner, the investigating official in whose custody the person is in - a, must afford the person reasonable facilities as soon as practicable to enable the person to do so b, to communicate with there legal practitioner in private |
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When wouldn't you give someone their Right to communicate (exemption)? |
If the communication would result in the escape of an accomplice or the fabrication or destruction of evidence. |
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Right to an interpreter |
The investigating official must arrange for an interpreter before asking questions. |
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Before considering what action is to be taken against a person, what must be taken into account? |
a, Determine weather an offence has been committed. b, Verify the identity of the offender. c, Ensure there is sufficient admissible evidence. |
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What are the objectives of interviewing a person suspected of committing an offence? |
a, Exonerating the innocent b, Gathering evidence against the offender c, Establishing the facts of the case |
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Persons under 18 years |
s.464E(1) If a person in custody is under 18 an investigating official MUST NOT question or carry out an investigation under 464A(2) unless - a, a parent or guardian or ITP (if parent or guardian is unavailable) is present. b, before questioning the person is allowed to communicate with their parent, guardian or ITP in private. This section does not apply under s.49(1) Road Safety Act - PBT/EBT |
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What is the use of Force success factors? RISC |
Use of force success factors; Rapid Intensity Specific Competence |
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What are the factors affecting the levels of force used? |
- Size - Special Skill - Age - Gender - Multiple Offenders - Proximity of offender to firearm - Member Injured it disabled - Fatigue - Ground Position - Special knowledge |
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What are some 'Active Listening' qualities? |
Active Listening - Maintaining eye contact - Nodding your head - Minimal encourages (mmm.. and I see) |
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What is an 'Escort Hold'? |
Single hand hold Apply grip just above elbow and pull slightly down off balance Position yourself slightly to the rear of the subject |
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What is a Double Handed Escort Hold? |
Two handed hold Apply grip just above elbow and across back of wrist Push down slightly at the elbow and pull up on the wrist (apply more pressure if needed) |
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What are the two types of stances we take in the field/ when talking to people? |
Field interview and defensive stance |
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What is the 'use of force' justification of test ? |
FORCE Force Opportunity Reasonable Capability Exclusion |
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What are 2 Baton conditions? |
Batton conditions Open baton Closed baton Batton positions Ready position Loaded position |
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Parts of the Baton |
Threaded butt cap or plug. Retaining spring, securing the shaft in the handle. Threaded handle. Shaft composed of mid-section and end-section. Tip. |
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Baton Strike Areas? |
Strike areas Upper and lower areas of Limbs, shoulders, chest and buttocks (fatty bits) Areas to avoid Head, face, Neck, Throat, Abdomen, Organs, Groins, joints |
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What are the 4 types of Hand Strikes? |
- Hook strike (face and cheek) - Open Hand palm strike (Chest) - Clearance Strike - (Chest) - Elbow Strike (Chest and Collarbone) |
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What are the 2 lower body strikes? |
- Knee Strike (abdomen) - Front kick (Abdomen) |
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What are the control distances for un armed and edged weapon armed subject? |
2m+ and 6m+ |
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What is the HEAR principal? |
Used to effectively communicate. Help Empathy Active listening Rapport |
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Operational Safety Principles |
Safety first Risk assessment Take charge Planned responses Cordon and manage Avoid confrontation Avoid force |
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What are the 2 subject categories? (Types of people in tac comms) |
Apparently Co-operative Unco-operative |
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Incident Management Model - ICENCIR |
Isolate Contain Evacuate Negotiate Conclude Investigate Rehabilitate |
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What are the three communication 'Vs'? |
Verbal (words) Vocal (tone of voice) Visual (body language) |
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Effective contact framework HIARRC |
Make an unplanned incident into a planned response. HIARRC = Hazard Identification, Risk Assessment, Risk Control. The process includes Safety Dialogue, Assisted Dialogue & Persuasion Process. |
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What is Safety Dialogue? |
Establish safety for the police, the subject & public "Put the weapon down!" "Show me your hands" |
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What is "Assisting Dialogue"? |
To promote further discussion to establish clarity and demonstrate you are hearing. "So what you are saying is ..." "Let make sure i understand ..." |
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What is the "Persuasion Process"? |
Get the subject to do what you want and that they must do. Present problem - you are required by law ... Present choices - if you give me your name and address we can deal with this now ... Verify - do you understand - clarify, reassure, rephrase Proceed - You are under arrest for ... |
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What does ICENCIR stand for? |
Isolate Contain Evacuate Negotiate Conclude Investigate Rehabilitate |
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What is the effective Contact Framework CATCOC? |
Contact commences Authority Topic Core dialogue Outcome Conclusion |
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What does SAFE TACTICS stand for? |
Slow Down/Step Back Assess Risks Formulate Plan Evaluate Options
Take Charge Apply Relevant Legislation, Create safe Operating Environment Tactical Options Info Gathering Communication Support |
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Behavioral warning signs |
Direct prolonged eye contact Looking away Accelerated breathing Ground kicking Fairing the nostrils Bearing/clenching the teeth when they talk Hands on hips Standing tall |
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What are the Pre- Attack Indicators? |
- Fighting Stance - Clenched Fists - Shrugging the shoulders - Hands rising above the waist - Head dropping to protect the throat - Breaking eye contact to target glance |
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State of mental awareness - If/then thinking |
If he does this than I will do that in response. If/then thinking provides a plan to do something in response to whatever is occurring. |
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What is 'Recklessness'? |
Recklessness occurs where the accused foresees the probable consequences of his conduct but still continues regardless of the risk or consequences. |
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What is "Intention'? |
Intention means the accused acted with aim or purpose. |
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Mens rea may be be proved by what? |
Admissions & Overt physical acts |
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What are the two causes of "Automatism'? |
1. Disease of the mind - insane automatism i.e schizophrenia 2. Automatism resulting from something other than disease of the mind - sane automatism i.e. concussion |
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Self defense |
1. A person is entitled to use such conduct as he genuinely believes is reasonable and necessary for a defensive purpose for themselves or another. 2. Section 322K C.A. The person is not guilty of an offence if the person carries out the conduct in self defense and a, the person believes that the conduct is necessary in self defense. b, The conduct is a reasonable response in the circumstances as the person preserves them. |
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What is duress / coercion? |
Duress or coercion refers to a situation whereby a person performs an act as a result of violence, threat or other pressure against them. |
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What is the drunkenness defense? |
Basically the defense of intoxication will succeed if it is shown that as a result of the consumption of alcohol and/or drugs the accused did not act with the requisite state of mind, (no Mens rea) intoxication involves the issue of automatism. |
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Using an innocent agent defense? |
This occurs when a person uses another person to commit a crime and that person is not liable because the they are to young or there is a mistake of fact or they lack the requisite mens rea. |
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Hearsay exclusionary rules |
1. Was it an out of court statement? 2. Is it being said in court by a person who was not the original speaker? 3. is it being tended to the court to prove the truth of what is contained in the statement? Is the purpose of the evidence to prove the contents of the statement? If the answer is NO to ANY of these questions then the evidence is not hearsay and therefore ADMISSABLE unless excluded by some other rule. |
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Exceptions to the hearsay rule |
a, Admissions and confessions b, Confession made through an interpreter c, Evidence given at the Coroner's Court d, Bail applications e, Protection applications (IVOs) f, Dying declarations g, Evidence of recent complaint (sex offences only) |
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Further exception to the hearsay rule |
The Evidence Act 2008 provides a further exception for where a witness is unavailable. If a witness is unavailable (i.e. died) a police officer maybe able to give that evidence if; a, They are under duty to make it b, It is shortly after the fact occurred and in circumstance where it was unlikely to be a fabrication c, It is in circumstances that make it highly probable that it was reliable. d, It is against the interests of the maker and in circumstance that make it reliable. |
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Exceptions to the Opinion rule |
a, Lay opinion Evidence of a lay person is permitted if it is relevant and it is based on what the person saw, heard, or otherwise perceived about a matter or event. b, Specialized knowledge (Expert evidence) A person has specialized knowledge based on their training, study or experience, the opinion rule does not apply to that persons opinion. |
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Exception to the Character rule |
If D's bad character is one of the points of proof for that charge then we are obliged to prove that point to prove our case; a, On a charge of loitering by a know thief; proving D is a known thief. b, on a charge of driving whilst disqualified; proving D is disqualified. c, on a charge of prohibited person possessing firearm; proving D is a prohibited person. |
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Sentencing principles |
a, To punish the offender b, To deter others c, To establish conditions d, To denounce conduct e, To protect the community from the offender f, A combination of the above |
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Sentencing Order example |
Record a conviction and make a drug treatment order. |
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Notes |
Notes must be contemporaneous and include all relevant fact, information and observations. Contemporaneous = notes taken at the time. When endorsed or adopting notes they must include the following; Date Time Name Rank Number Signature |
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Powers to search a person without a warrant. |
There is no common law power to search a suspect who is NOT under arrest. The power to detain and search a person without warrant and without consent is limited to certain Acts - a, Control of Weapons Act 1990 b, Corrections Act 1986 c, Court Security Act 1980 d, Family Violence Protection Act 2007 e, Firearms Act1996 f, Drugs, Poisons, and Controlled Substances Act 1981 g, Graffiti Prevention Act 2007 h, Mental Health Act 2014 |
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Search of arrested persons - common law power to search. DIEE |
The power to search persons arrested and to seize property without consent is derived in Common Law. It is also conditional on the arresting member holding a reasonable suspicion (SORG) that the arrested person is in possession of either - a, property that is material evidence b, property that may cause injury or damage c, objects that may assist an escape |
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What are 'reasonable grounds' when deciding to search a person? |
Factors to consider a, nature of the offence b, demeanor of the person arrested c, circumstances of the offence d, prior history of the person in custody |
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Pat down search |
Consists of requiring a person to empty their pockets and submit to an external pat down examination. It may involve the removal of head-gear, shoes, socks, outer clothing such as overcoats, jackets and handbags. This search should be conducted as privately as possible. |
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Full search |
A full search may involve the removal and examination of clothing. A full search will not generally include contact with the subjects body. It must be conducted in complete privacy. A full search requires the authority of a Divisional Patrol Manager (265 - Senior Sergeant) A full search may be conducted without the authority of the 265, where a 'Pat Down' search has revealed that the person may possess - a, a firearm or knife b, an object that might cause injury or damage or may be used to escape and the is an immediate danger to any person. |
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Retention of security of property |
Seized property must be lodged in a property store as soon as practical |
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Recording of Full Searches involving the use of force. |
When police members forcibly remove a suspects clothes to conduct an authorized full search you must complete a 'Use of Force Form' (Form 237 & 237A) |
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Searches and Body Worn Cameras |
Pat down search - leave them on Full / cavity search - turn them off |
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What is the SIQ (Standard Indigenous Question)? |
"Are you of Aboriginal or Torres Straight Islander descent?" |
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In what circumstances would you ask the SIQ |
a, Every person taken into custody MUST be asked the SIQ b, in relation to family violence - the AFM, the respondent and all children involved in the family violence incident. c, all victims and offenders |
