ADPP Session 1 Law/Powers PPP145
Questions And Answers Graded A+.
Role of Police in a Democratic Society - correct 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 - correct answer. 1. Prosecution must prove each element of
offence beyond reasonable doubt
2. Establishing mens rea and actus reus.
Temporal Coincidence - correct answer. Actus reus and Mens rea must coincide in
time (occur simultaneously)
Define strict liability - correct 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 - correct 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 - correct answer. a) 5 years or more
b) 2-5 years
c) 20 years - life
Statute of Limitations for:
a) Summary matters
b) Indictable matters - correct answer. a) 6 months
b) no time limit
,Evidence Act 1995 Section 140 - correct answer. Civil Proceedings : standard of proof
Prosecutor must prove the balance of probabilities.
Evidence Act 1995 Section 141 - correct answer. Criminal Proceedings: standard of
proof
Prosecutor must prove beyond reasonable doubt.
Sections contained in an Act - correct answer. 1. Offence
2. Definition
3. Power
4. Procedural
STOPAR - correct 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: - correct answer. 1. Relevant (Evidence Act s.55)
2. Reliable (Evidence Act s.165)
3. Fair (Evidence Act s.135)
Sources of Evidence - correct answer. 1. Original = oral testimonies
2. Real = physical evidence: weapons, DNA, fingerprints
3. Documentary = written, electronic, audio, visual records
Define inculpatory evidence. - correct answer. evidence that incriminates (guilty)
Define exculpatory evidence - correct answer. evidence that exonerates (innocent)
Hierarchy of Secondary ID methods - correct answer. 1. Crowd Scenes
2. Photographs
3. In Dock (court)
Define Arrest - correct 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 - correct 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 - correct 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 - correct answer. 1. Sanctioned by law (offence, warrant,
etc)
2. Sufficient act of arrest (restraint/submission)
3. Safeguards (IPE)
Effecting an arrest - correct 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 - correct answer. - No action
- Warning/Caution
- Penalty Notice
- Field Court Attendance Notice (FCAN)
- Future Service Court Attendance Notice (FSCAN)
LEPRA Section 201 - correct 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 - correct 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 - correct 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.
Questions And Answers Graded A+.
Role of Police in a Democratic Society - correct 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 - correct answer. 1. Prosecution must prove each element of
offence beyond reasonable doubt
2. Establishing mens rea and actus reus.
Temporal Coincidence - correct answer. Actus reus and Mens rea must coincide in
time (occur simultaneously)
Define strict liability - correct 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 - correct 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 - correct answer. a) 5 years or more
b) 2-5 years
c) 20 years - life
Statute of Limitations for:
a) Summary matters
b) Indictable matters - correct answer. a) 6 months
b) no time limit
,Evidence Act 1995 Section 140 - correct answer. Civil Proceedings : standard of proof
Prosecutor must prove the balance of probabilities.
Evidence Act 1995 Section 141 - correct answer. Criminal Proceedings: standard of
proof
Prosecutor must prove beyond reasonable doubt.
Sections contained in an Act - correct answer. 1. Offence
2. Definition
3. Power
4. Procedural
STOPAR - correct 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: - correct answer. 1. Relevant (Evidence Act s.55)
2. Reliable (Evidence Act s.165)
3. Fair (Evidence Act s.135)
Sources of Evidence - correct answer. 1. Original = oral testimonies
2. Real = physical evidence: weapons, DNA, fingerprints
3. Documentary = written, electronic, audio, visual records
Define inculpatory evidence. - correct answer. evidence that incriminates (guilty)
Define exculpatory evidence - correct answer. evidence that exonerates (innocent)
Hierarchy of Secondary ID methods - correct answer. 1. Crowd Scenes
2. Photographs
3. In Dock (court)
Define Arrest - correct 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 - correct 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 - correct 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 - correct answer. 1. Sanctioned by law (offence, warrant,
etc)
2. Sufficient act of arrest (restraint/submission)
3. Safeguards (IPE)
Effecting an arrest - correct 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 - correct answer. - No action
- Warning/Caution
- Penalty Notice
- Field Court Attendance Notice (FCAN)
- Future Service Court Attendance Notice (FSCAN)
LEPRA Section 201 - correct 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 - correct 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 - correct 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.
