ADPP Law Policy & Procedure
Explain the role of police in a democratic society - ANS To uphold the rule of law & safeguard
human rights
What are police responsible for? - ANS Maintaining public order & safety
Enforcing the law
Preventing, detecting, & investigating criminal activities
Licensing & regulatory activities
Keeping the peace is a common law concept, where in legislation would this function be
codified? - ANS Police Act 1900 (NSW) Section 6- Missions & Functions of NSWPF
How do police keep the peace? - ANS Protecting life & property
Maintaining order
Preventing & detecting crime
Upholding the law
Explain the difference between policy & legislation - ANS Policy is a proposed course of action
Legislation is how it's carried out
Crimes Act (NSW) Part 3 Division 1 Section 18 - ANS Murder & Manslaughter defined
Rules associated with the doctrine of precedent - ANS Magistrates follow decisions made in
higher courts
Must cite reasons, and
Decisions made in courts outside Australia are not binding, but can be used as a guide
Graffiti Control Act 2008 (NSW) Section 8B - ANS Possession of spray paint cans under 18
Graffiti Control Act 2008 (NSW) Section 9 - ANS Confiscation of spray paint cans from minors
Graffiti Control Regulation 2014 (NSW) Section 5 - ANS Disposal of seized spray paint cans
Crimes Act 1900 (NSW) Section 418 - ANS Self-defence - when available
Legislation - ANS Overrides common law
Explain the need for structured & is effective approaches to police decision making - ANS
Because sometimes the situation will not be straightforward or the attending officers may not
have experience to draw on
, Explain the decision making model & the ways in which it supports decision-making - ANS
STOPAR
Stop
Think
Observe
Plan
Act
Review
By considering relevant factors to assist making informed decisions
What is meant by offensive noise - ANS a) that by reason of its level, nature, character or
quality, or the time at which it is made or any other circumstances
I) is harmful (or is likely to be harmful to) a person who is outside the premises from which it is
emitted, or
ii) interferes unreasonably with (or is likely) the comfort or repose of a person who is outside the
premises from which it is emitted, or
b) that is of a level, nature, character or quality prescribed by the regulations or that is made at
a time, or in any other circumstances prescribed by the regulations
Explain the Noise Abatement Direction legislation - ANS Legislation that states the course of
action to take relating to cessation of noise
#within 7 days
#enforceable for 28 days or shorter as specified
Where do police get their power to carry & use their arms & appointments - ANS Common Law
Explain the term reasonable force - ANS To use such force as is reasonably necessary in the
circumstances & according to law
Police powers & justifications to use firearms - ANS When there is immediate risk to your life, or
the life of someone else or an immediate risk of serious injury to you or someone else, & no
other way of preventing it
Police powers & justifications for discharging the CEW - ANS Protect human life
Protest yourself or others where violent confrontation or violent resistance is occurring or
imminent
Protect any officers in danger of being overpowered, or to protect themselves or another person
from the risk of actual bodily harm or
Protect from animals
O/C spray - ANS Protection of human life
A less lethal option for controlling people, where violent resistance or confrontation occurs
Protection against animals
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