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9 Cards in this Set
- Front
- Back
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What is a warrant? |
A doc issued by a legal or gov official authorising police or another body to arrest/ search prem/ carry out any other action of administration of justice. (Gives police authority to carry out the instructions of the court). |
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Authority conferred by Warrant to Arrest? |
1) A warrant to arrest authorised the person to whom it is directed - A) Break/enter & search any place where the sus is she to be; B) To arrest the person named. 2) The person to whom a warrant to arrest is directed must cause the sus when arrested - A) to be brought b4 a BDM or crt within reasonable time; B) To be released on bail in accord w endorse on warrant. |
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Located person named in warrant what steps 4 police? |
1) Confirm the existence of the warrant. After confirm; 2) Confirm the identity of the sus; 3) Explain the contents of the warrant. 4) Arrest & convey to P/S to be dealt w in accord w instruct of warrant. |
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When in possession of the Warrant what MUST happen? |
The warrant MUST stay in your possession. |
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What is arresting member required to do after executing a warrant? |
Endorse the execution copy with time & date and their signature/rank & reg number. |
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EWOK (Electronic Warrant Online Knowledge Bank) Types stored/ not stored? |
Types stored;1) Warrant to Arrest (bench warrant);2) Charge sheet & warrant to arrest;3) Warrant of commitment;4) Corrections warrants. Not stored;1) DNA warrants;2) Search warrants;3) Remand warrants. |
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Types of Warrant: |
Charge & Warrant to arrest: - If it's probable person won't answer summons/ the person's absconded/ avoiding the service of a summons. Warrant of Commitment: - Warrant to imprison. Corrections Warrant: - 4 breach community correction orders. Drug Court Warrant: - Bench Warrant 4 fail to attend court under a Drug treatment order. Children's Court Search Warrant: - (Safe Custody Warrant) issued at request of DHHS, 2 locate & take to safe custody placement. DNA Warrant: - 4 DNA (Can't arrest/ DETAIN if you have the original.) Search Warrant: - 4 Entry/ Search & Seizure of items. Remand Warrant: - Remain in custody until next court date. |
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What is an Affidavit? |
A written statement, made by a person who has a sworn or affirmed before a person authorised, that the contents are true. - Made in front of SGT or above or 4 the time in charge of a Police Station. - MUST be in same location. - MUST write/type/stamp name & address below his own signature. |
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Circumstances where an Affidavit is used? |
- Applying 4 search warrant; - Service of notice accompanying a full brief; - Vehicle impoundment process; - Applying 4 FVIVO; - Cert relating to alcohol & drug testing under Road safety act. |
