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What is the NSW police vision statement and mission?
- To be recognised as a world class police force providing exellent service to the community
- To have police and community working together to reduce violence crime and fear
What is the NSW police statement of values?
What is coercive force and what 8 points should be considered when applying?
- Coercive force is the amount of force necesssecary to get someone to do something.
- CAN or Future CAN
- Arrest no force
- Arrest with force
- Lethal force
What is the role of the judge advocate??
A lawyer who advises a court martial on points of law and sums up the case "looks after case in court"
What is ment by the term terra nullius?
Land belonging to no one - no definite residences, no cultivation etc
What is the Docterine of precendent?
Legal principle requiring judges to respect/follow the precedents established by prior decisions
What year was the first police force created?
1789, consisting of 12 of the best behaved convicts. Founders were Gov' arthur phillip and judge advocate david collins.
What are the four arms of the criminal justice system?
- Law makers
- Law enforces
What is the seperation of powers?
- made up of the ..
- The seperation of powers brings equality to the criminal justice system, provents corruption not allowing any one party to hold 'all the power'
What is the tribunal of law and tribunal of fact?
- Tribunal of law ensures prosecution is lawful
- Tribunal of fact evaluates how valid evidence is
Section 99 sections 1/2/4 .. GO!
- A police officer may, without a warrent, arrest a person if:
- A - the person is in the act of committing an offence under any act or statutory instrument, or
- B - the person has just committed any such offence, or
- c- the person has committed a serious indictable offence for which the person has not been tried
2 - A police officer may, without a warrent, arrest a person if the police officer suspects on reasonable grounds that the person has committed an offence under any act or statutory instrument.
4 - A police officer who arrests a person under this section must, as soon as is reasonably practicable, take the person and any property found on the person, before an authorised officer to be dealt with according to the law.
Want offences can't a FCAN be issued for?
- Strictly indictable / DV offences
- Offences invloving juviniles, unless traffic offence
- Offenders significantly affected by alcho-drugs
- Offenders with outstanding warrants
Alternatives to arrest to consider when dealing with youth 10 - 18 years of age who have commited an offence
- Formal Cautions
- Youth justice conference
S10 of the YOA specifies certain people must be present when admissions are made by a child, name the 4
- An adult who is present with permission from the child
- If over 14, an adult chosen by child
- Person responsible for the child
- Legal practitioner chosen by child
Explain what is meant by the terms WARNINGS and CAUTIONS in the youth offenders act 1997
- Warning - Record must be made of the warning, investingating official who gives warning must ensure the child understands the purpose, nature and effect of warning
- Caution - formal caution for summary offences and table 1 or 2 indictable offences only, in the case of a child, the child must admit to the offence and accept the caution
Offences ineligible to be dealth with under the YOA 1997 -
- Breaches of AVO and DV offences
- Offences relating in a death of a person
- Armed robbery
- Sexual offences
- Trafficing of drugs
- Traffic offences