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ADPP Session 1 Law/Powers PPP145; Questions & Answers 100% Solved

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ADPP Session 1 Law/Powers PPP145; Questions & Answers 100% Solved 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.

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ADPP Session 1 Law/Powers PPP145;
Questions & Answers 100% Solved
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.

, ADPP Session 1 Law/Powers PPP145;
Questions & Answers 100% Solved
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

, ADPP Session 1 Law/Powers PPP145;
Questions & Answers 100% Solved
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)

, ADPP Session 1 Law/Powers PPP145;
Questions & Answers 100% Solved
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)

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