ADPP Session 1 Law/Powers PPP145
Role of Police in a Democratic Society - Answer- P - Protecting life and property
P - Preventing and detecting crime
U - Upholding the law
M - Maintaining order
P - Provide policing services
Proving criminal liability - Answer- 1. Prosecution must prove each element of
offence beyond reasonable doubt
2. Establishing mens rea and actus reus.
Temporal Coincidence - Answer- Actus reus and Mens rea must coincide in time
(occur simultaneously)
Define strict liability - Answer- An emphasis on Actus reus and excludes much of
Mens rea.
Eg. traffic offences.
Define the Doctrine of Doli Incapax & Age of Criminal Responsibility - Answer- - A
child under 10 is incapable of forming a criminal intent therefore they cannot be
charged for any offences.
- Ages between 10-14 is presumed that they cannot commit any crimes because
they do not understand what is right or wrong.
Penalty for:
a) Serious Indictable Offence
b) Minor Indictable Offence
c) Strictly Indictable Offence - Answer- a) 5 years or more
b) 2-5 years
c) 20 years - life
Statute of Limitations for:
a) Summary matters
b) Indictable matters - Answer- a) 6 months
b) no time limit
Evidence Act 1995 Section 140 - Answer- Civil Proceedings : standard of proof
Prosecutor must prove the balance of probabilities.
Evidence Act 1995 Section 141 - Answer- Criminal Proceedings: standard of proof
Prosecutor must prove beyond reasonable doubt.
Sections contained in an Act - Answer- 1. Offence
2. Definition
3. Power
4. Procedural
,STOPAR - Answer- Stop = stop/focus on problem
Think = consider own knowledge of policing situations, key factors (5WHs)
Observe = gather information to formulate plan, identify key elements, risk
assessment
Act = implement action plan
Review = assess/self-reflect situation, outcome, actions, further improvements.
Admissible Evidence must be: - Answer- 1. Relevant (Evidence Act s.55)
2. Reliable (Evidence Act s.165)
3. Fair (Evidence Act s.135)
Sources of Evidence - Answer- 1. Original = oral testimonies
2. Real = physical evidence: weapons, DNA, fingerprints
3. Documentary = written, electronic, audio, visual records
Define inculpatory evidence. - Answer- evidence that incriminates (guilty)
Define exculpatory evidence - Answer- evidence that exonerates (innocent)
Hierarchy of Secondary ID methods - Answer- 1. Crowd Scenes
2. Photographs
3. In Dock (court)
Define Arrest - Answer- T = total Restraint of the personal liberty of another
E = effective from the moment a person is not free to come and go as they please
A = A officer plainly conveys by words or actions that a suspect is not free to leave
Reasons To Arrest - Answer- - Offence
- Virtue of a Warrant
- Breach of Peace
- Virtue of a specific power other than LEPRA
a) Bail Act 2013
b) Road Transport Act 2013
Define Reasonable Suspicion - Answer- - More than an ideal wondering whether
something exists or not.
- Positive feeling of actual apprehension/mistrust to a slight opinion but without
enough evidence
- Test is both subjective (you) and objective (reasonable person)
Elements of a Lawful Arrest - Answer- 1. Sanctioned by law (offence, warrant, etc)
2. Sufficient act of arrest (restraint/submission)
3. Safeguards (IPE)
Effecting an arrest - Answer- - Seizure/touching a person's body with a view to
his/her arrest
- Officer states in terms that they are arresting the suspect and the suspect submits
to the authority of the officer
- Words/conduct by the PO make it clear the person is not free to go.
, Alternatives to arrest - Answer- - No action
- Warning/Caution
- Penalty Notice
- Field Court Attendance Notice (FCAN)
- Future Service Court Attendance Notice (FSCAN)
LEPRA Section 201 - Answer- Police powers to which this Part applies:
- Stop, search or arrest
- Stop, search a vehicle, vessel, or aircraft
- Enter to search premises
- Seize property
- Disclose identity
- Give direction
- Establish a crime scene
- Powers that don't require IPE
- Enter or search a public place
- Convert search warrant
- Detain intoxicated person
LEPRA Section 202 - Answer- I = Inform - reason for exercise
P = Provide - name and place of duty
E = Evidence - that you are an officer (unless in uniform)
LEPRA Section 203 - Answer- Police officers to give warnings when giving or
making directions, requirements or requests that must be complied with:
- Warning not required if person complied
- PO must comply as soon as reasonably practicable
- Only 1 officer is required to comply between 2 officers.
LEPRA Section 204A - Answer- Validity of exercise of powers
1) Failure to comply with an obligation under this Part for IPE does not render the
exercise of the power unlawful or otherwise affect the validity of anything resulting
form the exercise of that power.
Define Duty of Care - Answer- Taking all reasonable steps to avoid acts or omissions
that could be reasonably foreseeable to harm people
Civil Liability Act 2002 Section 5B - Answer- Duty of Care
Define Negligence - Answer- Breaching a duty of care owed by one person to
another. Failing to exercise reasonable care and skill.
Define Reasonably Foreseeable - Answer- What a reasonable person in the same
circumstance could have predicted the act was capable to causing harmful
consequences.
Police Act 1990 Section 213 - Answer- Protection from personal liability.
Define Custody - Answer- To be in the care, protection, responsibility, control of a
police at a police station or another detention place.
Role of Police in a Democratic Society - Answer- P - Protecting life and property
P - Preventing and detecting crime
U - Upholding the law
M - Maintaining order
P - Provide policing services
Proving criminal liability - Answer- 1. Prosecution must prove each element of
offence beyond reasonable doubt
2. Establishing mens rea and actus reus.
Temporal Coincidence - Answer- Actus reus and Mens rea must coincide in time
(occur simultaneously)
Define strict liability - Answer- An emphasis on Actus reus and excludes much of
Mens rea.
Eg. traffic offences.
Define the Doctrine of Doli Incapax & Age of Criminal Responsibility - Answer- - A
child under 10 is incapable of forming a criminal intent therefore they cannot be
charged for any offences.
- Ages between 10-14 is presumed that they cannot commit any crimes because
they do not understand what is right or wrong.
Penalty for:
a) Serious Indictable Offence
b) Minor Indictable Offence
c) Strictly Indictable Offence - Answer- a) 5 years or more
b) 2-5 years
c) 20 years - life
Statute of Limitations for:
a) Summary matters
b) Indictable matters - Answer- a) 6 months
b) no time limit
Evidence Act 1995 Section 140 - Answer- Civil Proceedings : standard of proof
Prosecutor must prove the balance of probabilities.
Evidence Act 1995 Section 141 - Answer- Criminal Proceedings: standard of proof
Prosecutor must prove beyond reasonable doubt.
Sections contained in an Act - Answer- 1. Offence
2. Definition
3. Power
4. Procedural
,STOPAR - Answer- Stop = stop/focus on problem
Think = consider own knowledge of policing situations, key factors (5WHs)
Observe = gather information to formulate plan, identify key elements, risk
assessment
Act = implement action plan
Review = assess/self-reflect situation, outcome, actions, further improvements.
Admissible Evidence must be: - Answer- 1. Relevant (Evidence Act s.55)
2. Reliable (Evidence Act s.165)
3. Fair (Evidence Act s.135)
Sources of Evidence - Answer- 1. Original = oral testimonies
2. Real = physical evidence: weapons, DNA, fingerprints
3. Documentary = written, electronic, audio, visual records
Define inculpatory evidence. - Answer- evidence that incriminates (guilty)
Define exculpatory evidence - Answer- evidence that exonerates (innocent)
Hierarchy of Secondary ID methods - Answer- 1. Crowd Scenes
2. Photographs
3. In Dock (court)
Define Arrest - Answer- T = total Restraint of the personal liberty of another
E = effective from the moment a person is not free to come and go as they please
A = A officer plainly conveys by words or actions that a suspect is not free to leave
Reasons To Arrest - Answer- - Offence
- Virtue of a Warrant
- Breach of Peace
- Virtue of a specific power other than LEPRA
a) Bail Act 2013
b) Road Transport Act 2013
Define Reasonable Suspicion - Answer- - More than an ideal wondering whether
something exists or not.
- Positive feeling of actual apprehension/mistrust to a slight opinion but without
enough evidence
- Test is both subjective (you) and objective (reasonable person)
Elements of a Lawful Arrest - Answer- 1. Sanctioned by law (offence, warrant, etc)
2. Sufficient act of arrest (restraint/submission)
3. Safeguards (IPE)
Effecting an arrest - Answer- - Seizure/touching a person's body with a view to
his/her arrest
- Officer states in terms that they are arresting the suspect and the suspect submits
to the authority of the officer
- Words/conduct by the PO make it clear the person is not free to go.
, Alternatives to arrest - Answer- - No action
- Warning/Caution
- Penalty Notice
- Field Court Attendance Notice (FCAN)
- Future Service Court Attendance Notice (FSCAN)
LEPRA Section 201 - Answer- Police powers to which this Part applies:
- Stop, search or arrest
- Stop, search a vehicle, vessel, or aircraft
- Enter to search premises
- Seize property
- Disclose identity
- Give direction
- Establish a crime scene
- Powers that don't require IPE
- Enter or search a public place
- Convert search warrant
- Detain intoxicated person
LEPRA Section 202 - Answer- I = Inform - reason for exercise
P = Provide - name and place of duty
E = Evidence - that you are an officer (unless in uniform)
LEPRA Section 203 - Answer- Police officers to give warnings when giving or
making directions, requirements or requests that must be complied with:
- Warning not required if person complied
- PO must comply as soon as reasonably practicable
- Only 1 officer is required to comply between 2 officers.
LEPRA Section 204A - Answer- Validity of exercise of powers
1) Failure to comply with an obligation under this Part for IPE does not render the
exercise of the power unlawful or otherwise affect the validity of anything resulting
form the exercise of that power.
Define Duty of Care - Answer- Taking all reasonable steps to avoid acts or omissions
that could be reasonably foreseeable to harm people
Civil Liability Act 2002 Section 5B - Answer- Duty of Care
Define Negligence - Answer- Breaching a duty of care owed by one person to
another. Failing to exercise reasonable care and skill.
Define Reasonably Foreseeable - Answer- What a reasonable person in the same
circumstance could have predicted the act was capable to causing harmful
consequences.
Police Act 1990 Section 213 - Answer- Protection from personal liability.
Define Custody - Answer- To be in the care, protection, responsibility, control of a
police at a police station or another detention place.
