NSW LEPRA POLICE POWERS SUSPICION AND PROPERTY OFFENCES UPDATED ACTUAL QUESTIONS AND CORRECT ANSWERS

NSW LEPRA POLICE POWERS SUSPICION AND
PROPERTY OFFENCES UPDATED ACTUAL QUESTIONS
AND CORRECT ANSWERS

Question:
What does the Law Enforcement (Powers and Responsibilities) Act 2002 (LEP-
RA) allow police to do?
Answer:
It allows police to arrest, search, gain entry to private premises, and seize property.

Question:
What must police officers hold when exercising powers under LEPRA?
Answer:
They must hold the state of mind required by the Act.

Question:
What are the key terms that have specific judicial interpretations under LEP- RA?
Answer:
Suspicion, belief, and reasonable.

Question:
What is the definition of reasonable suspicion according to the High Court in George v
Rockett?
Answer:
A positive feeling of actual apprehension of mistrust amounting to a slight opinion, but
without sufficient evidence.

Question:
What does Smart J. define as reasonable suspicion?
Answer:
It involves less than a reasonable belief but more than a possibility, requiring
something that creates apprehension in a reasonable person.

Question:
What is required for suspicion to be considered reasonable?
Answer:
There must be some factual basis for the suspicion, which may include hearsay or
inadmissible material with probative value.

Question:
How does belief differ from suspicion in legal terms?
Answer:
Belief is a higher standard than suspicion and requires acceptance of the truth of a
proposition.