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ADPP Law Policy And Procedure With Love Through To Session 2. – Qs & As
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ADPP Law Policy And Procedure With Love Through To Session 2. – Qs & As
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ADPP Law Policy And Procedure With Love Through ToSession 2. – Qs & As
What is Original Authority? Right Ans - Its is:
- The Role of constable
- Office of constable
- Using own discretion
- Accountable for own actions
- Without having to refer to a higher authority
Why do we have Policy, Procedure and legislation? Right Ans - Thanks to:
Section 7 of the Police Act, Statement of values
Section 6 of the Police Act, Roles Missions and Functions.
Regulation 7, The oath of office.
These provide guidance and what to do and how to fulfil your role as a NSW
Police officer.
What is the difference between Policy and legislation Right Ans -
Legislation is an ACT voted in by parliament
Policy is how to act under the legislation and follow it. Policy can be broken as
long as there is a valid reason. Legislation cannot.
What are the sections contained within an Act? Right Ans - DOPP
Definition
Offence
Powers
Procedural
,What is Strict Liability? Right Ans - The action, or Actus Reus, of the person
with little or no Mens Rea present. For example: Speeding in a motor vehicle
How do you prove Criminal Liability? Right Ans - We must establish:
Actus Reus
&
Mens Rea
What is a summary offence? Right Ans - It is an offence that can be held
summarily.
It can be heard and determined in local court by a magistrate.
It can have a fine or up to 2 years in Gaol.
What classifies a Minor Indictable Offence Right Ans - 2-5 years
imprisonment
What classifies a serious Indictable offence? Right Ans - 5+ Years in Gaol
What is a Strictly Indictable Offence? Right Ans - These offences include
murder, manslaughter, offences regarding the infliction of really serious
injury when the person intended to do so, robbery, very serious sexual
offences and drug offences involving Large quantities of drugs.
-Tried by a jury in the district or Supreme court
-They are not included in the Table 1 or 2
- Usually involve 25 years imprisonment to life.
What is the statue of limitations and the time frames? Right Ans - It is the
Limitation period on the time for a prosecution or plaintiff to bring an action
against another person.
Summary matters: In most cases you have 6 months from the time of the
offence to instigate court proceedings.
Except for Stolen motor vehicle or graffiti which are 2 years.
,Indictable offences have no time limits.
What is Doli Incapx? Right Ans - It is assumed A child under 10 is incapable
of forming criminal intent and therefore cannot be charged with any offence.
With children between 10 and 14 police have to prove Mens rea that children
knew what they were doing was wrong.
Over the age of 14 the child is presumed to possess enough reason to form
intent
The establishment of law in New South Wales Right Ans - 1) Initiation
2) Drafting
3) Cabinet consultation
4) First and second reading
5) Committee stage
6) Third reading
7) Upper house
8) Governor or Governor General
9) Gazetting
Act vs Regulation Right Ans - The act is Law
Regulations can be enforced by a company
What is evidence? Right Ans - Information captured in the admissible
format that once tendered and accepted by the court proved or disproves the
existence of a fact in issue in the court proceedings.
What is the difference between Direct and Circumstantial evidence? Right
Ans - Direct is the object, the heart of the matter. The gun used in a Shooting.
Circumstantial is the secondary evidence (fingerprints/blood)
What are the different types of evidence? Expand on each. Right Ans -
Original: Facts perceived by the witness (seeing, touching, tasting, hearing and
smelling)
Real: Physical Evidence (DNA)
, Documentary: Evidence in documents (written records, electronic records,
audio visual records)
What is Inculpatory Evidence? Right Ans - Evidence that can establish guilt.
What is Exculpatory Evidence Right Ans - Evidence that points towards
innocents.
What makes evidence admissible? Right Ans - Relevant
Reliable
Fair
What is evidence in Chief Right Ans - Oral testimony of a sworn witness
from the witness box.
What is duty of care? Right Ans - Taking all reasonable steps to avoid acts
or ommissions which could be reasonable foreseen to harm a person(s)
Who do we provide duty of care too? Right Ans - All people of NSW
What is negligence? Right Ans - Breaching the duty of care owed by one
one person to another.
Failure to exercise reasonable care/skill.
What is Section 213 of the Police Act 1990 Right Ans - Protection from
personal Liability.
A member of the NSWPF is not liable for any injury or damage caused by act
or omission, in the exercise of good faith of a function imposed by this or any
other Act or law whether written or unwritten.
What is Custody? Right Ans - Legal access and control
What is a breach of the peace? Right Ans - Removing someone for their
safety or safety of others.
What is an Arrest? Right Ans - It is when you have TEA
T- Total restraint of the personal liberty of another
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