ADPP FINALS
WHAT IS A PUBLIC PLACE? - Answer- SECTION 3 (1) SUMARRY OFFENCES ACT 1988
(a) A place(whether or not covered by water), or
(b) A part of a premises that is open to the public, or is used by the publicwhether or not on payment of money or other consideration, whether or not the plac...
ADPP FINALS
WHAT IS A PUBLIC PLACE? - Answer- SECTION 3 (1) SUMARRY OFFENCES
ACT 1988
(a) A place(whether or not covered by water), or
(b) A part of a premises that is open to the public, or is used by the publicwhether or
not on payment of money or other consideration, whether or not the place or part is
ordinarily so open or used and whether or not the public to whom it is open consists
only of a limited class of persons, but does not include a school
SECTION 197 LEPRA DEALS WITH WHAT? - Answer- a direction to cease
inappropriate behaviour
IN ACCORDANCE WITH SETION 11(2) LEPRA, A POLICE OFFICER MAY
REQUEST WHAT? - Answer- A direction to cease inappropriate behaviour
IPE REFERS TO WHAT? - Answer- INFORM, PROVIDE, EVIDENCE
PART 15 SECTION 201(1) LEPRA APPLIES TO THE EXERCISE OF WHICH OF
THE FOLLOWING POWERS BY POLICE OFFICERS? - Answer- - A POWER TO
STOP, SEACH OR ARREST A PERSON, VEHICLE, VESSEL OR AIRCRAFT
- A POWER TO ENTER OR SEARCH PREMISES
- A POWER TO DISCLOSE IDENTITY OF A PERSON
PART 15 SECTION 201(1) LEPRA ALSO APPLIES TO THE EXERCISE OF WHICH
OF THE FOLLOWING POLICE POWERS? - Answer- - A power to seize a property
- a power to require the removal of a face covering
- a power to establish a crime scene at premises, not being a public place
WHAT SECTION OF LEPRA APPLIES TO POLICE OFFICERS TO PROVIDE
INFORMATION WHEN EXERCISING POWERS? - Answer- SECTION 202(1)
If a person has been given a direction under Section 198(1) (a) (b) LEPRA, they are
what? - Answer- Are intoxicated and to leave the public place and not return
What time period applies to Section 198(6) for intoxicated people frequenting a
public place? - Answer- Within 6 hours after the direction is given
Failure to comply with directions can be found in - Answer- Summary Offences Act
1988 Section 9; LEPRA 2002 Section 199
Police don't supply name or place of duty and the person does not comply with your
direction is the person committing an offence? - Answer- A person does not commit
an offence - Section 204B (1) LEPRA
The definition of an intoxicated person under LEPRA is a person who - Answer-
Appears to be seriously affected by alcohol/other drugs
, Under the Liquor Act 2007, a person is intoxicated if - Answer- The person's speech
and balance is noticeably affected + A person's co-ordination or behaviour is
noticeably affected
What Section of LEPRA applies to giving directions to persons comprising a group? -
Answer- Section 198A (1) (2) (3)
What are the elements of Offensive Conduct? - Answer- Summary Offences Act
1988 Section 4(1)
The elements of an offence under Section 4 are that the defendant:
(a) Conducted himself or herself in an offensive manner,
(b) In, near or within view or hearing from, a public place or school.
What Section of the Summary Offences Act 1988 provides for offensive language? -
Answer- Section 4A defines the offence of using offensive language.
4A(1) A person must not use offensive language in or near, or within hearing from, a
public place or a school.
The elements of the offence are:
• The accused used offensive language
• In or near, or within hearing from, a public place or a school.
Whether the language is deemed to be offensive, now depends on the context and
intent in which it is used.
What are the elements of obscene exposure? - Answer- Section 5 Summary
Offences Act:
• In, or within view from a public place or school
• Wilfully, and
• Obscenely exposed his (her) person
Using the Summary Offences Act 1988, what is meant by an offensive implement?
Name the section. - Answer- Section 11B(3) Summary Offences Act 1988 states that
an offensive implement means:
(a) Anything made or adapted for use for causing injury to a person, or
(b) Anything intended, by the person having custody of the thing, to be used to injure
or menace a person or damage property.
Using the Summary Offences Act 1988, what constitutes a knife? Name the section.
- Answer- Summary Offences Act 1988 Section 3(1)
Knife includes:
(a) A knife blade, or
(b) A razor blade, or
(c) Any other blade
but does not include anything that is of a class or description declared by the
regulations to be excluded from this definition.
Using the Summary Offences Act 1988, identify the knife offences? Name the
section. - Answer- (a) Custody of knife in public place or school - Section 11C
(b) Wielding of knives - Section 11D
(c) Parents allowing children to carry knives - Section 11E
(d) Sale of knives to children- Section 11F
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