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ADPP Session 1 Law/Powers PPP145 Questions And Answers | Verified
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ADPP Session 1 Law/Powers PPP145 Questions And Answers | Verified
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ADPP Session 1 Law/Powers PPP145Questions And Answers | Verified
Role of Police in a Democratic Society CORRECT ANSWERS 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 ANSWERS 1. Prosecution must prove each
element of offence beyond reasonable doubt
2. Establishing mens rea and actus reus.
Temporal Coincidence CORRECT ANSWERS Actus reus and Mens rea must coincide
in time (occur simultaneously)
Define strict liability CORRECT ANSWERS 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
ANSWERS - 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 ANSWERS a) 5 years or more
b) 2-5 years
c) 20 years - life
Statute of Limitations for:
a) Summary matters
b) Indictable matters CORRECT ANSWERS a) 6 months
b) no time limit
Evidence Act 1995 Section 140 CORRECT ANSWERS Civil Proceedings : standard of
proof
Prosecutor must prove the balance of probabilities.
,Evidence Act 1995 Section 141 CORRECT ANSWERS Criminal Proceedings: standard
of proof
Prosecutor must prove beyond reasonable doubt.
Sections contained in an Act CORRECT ANSWERS 1. Offence
2. Definition
3. Power
4. Procedural
STOPAR CORRECT ANSWERS 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 ANSWERS 1. Relevant (Evidence Act s.55)
2. Reliable (Evidence Act s.165)
3. Fair (Evidence Act s.135)
Sources of Evidence CORRECT ANSWERS 1. Original = oral testimonies
2. Real = physical evidence: weapons, DNA, fingerprints
3. Documentary = written, electronic, audio, visual records
Define inculpatory evidence. CORRECT ANSWERS evidence that incriminates (guilty)
Define exculpatory evidence CORRECT ANSWERS evidence that exonerates
(innocent)
Hierarchy of Secondary ID methods CORRECT ANSWERS 1. Crowd Scenes
2. Photographs
3. In Dock (court)
Define Arrest CORRECT ANSWERS 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 ANSWERS - 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 ANSWERS - 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 ANSWERS 1. Sanctioned by law (offence,
warrant, etc)
2. Sufficient act of arrest (restraint/submission)
3. Safeguards (IPE)
Effecting an arrest CORRECT ANSWERS - 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 ANSWERS - No action
- Warning/Caution
- Penalty Notice
- Field Court Attendance Notice (FCAN)
- Future Service Court Attendance Notice (FSCAN)
LEPRA Section 201 CORRECT ANSWERS 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 ANSWERS 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 ANSWERS 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 CORRECT ANSWERS Validity of exercise of powers
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