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What is discretion?
> To use your judgement to determine which course of action is the best one tp pursue in the circumstances, based upon an assessment of the relevant features of the circumstances. > Acing according to your own judgement when authority allows you to. > Enabled by original authority ( acting from your own will ). > Whenever an officers chooses from among two or more legal options, they are exercising discretion.
Why is discretion important?
> law gives Police options > Its allows the legal system to function. > Allows you to apply the law at the right level for the circumstance. > Its permitted and desirable in circumstances rather than use strict rigid enforcement of the rules. > The work place if often unsupervised.
Why do we have discretion?
> To uphold the spirit of the law not just the letter of the law. > Law breakers intent is not always deliberate or evil.
What is Appropriate discretion?
> Has consistency > Applied in good faith. > Based on rationality. > Ignores irrelevant facts. > Takes into account relevant facts. ( HABIT )
In what proportion can discretion be used?
> The more significant or grave the situation, usually the less discretion you have. > Legislation and policy can reduce discretion.
What problems can discretion cause?
> Injustice. > Inappropriate focus. > open to abuse.
What must you remember about Ethical decisions?
> Making decisions that affects you and others. > You are going to be scrutinised. > Accountable for your decisions. > Make sure its a lawful decision. > TV media test. > Be able to justify what you did. > I.S.O.D.L.E.S.S ( issue, stakeholders, options, decisions, lawful, ethical, stakeholder (outcome), scrutiny)
What is P.P.U.M.P?
> protect life and property. > Prevent crime and detect crime. > Uphold the law. > Maintain order. > Provide social services.
What does the statement of values mean?
Describe the shared ideals of the NSWPF. Provides more detailed guidance on how to fulfil your role. Must embrace and act in accordance with these values, rather than your own values
What does the code of conduct and ethics mean?
Provides greater detail and clearer guidelines on the conduct required of police in order to support the values the values of the NSWPF and the Oath of office: CE helps with what to do and how to do it at ' ground level'.Also greatly assists with professionalism and pride in your work.
What is the role, mission and functions of the police?
Keep the peace by: Protect life and property, maintain order, prevent and detect crime, uphold the law, provide social services.Provides guidance on what to do to fulfil your role of keeping the peace
What does the legislation and NSW Police force policies and procedures tell us?
These provide many more levels of guidance about what to do and how to fulfil your role. In many cases, these provide specific detail on the what, where, when, how, who, when not to ect. Needed to properly fulfil you role.
What are the statement of values?
Each member of the NSWPF is to act in a manner which: A) Places integrity above all B) Upholds the rule of the law Preserves the right and freedoms of individuals seeks to improve the quality of life by community involvement in policing E) Strives for citizen and police personal satisfaction F) Capitalise on the wealth of human resources G) Makes efficient and economical use of public resources H) Ensures that authority is exercised responsibly
What is Coercive force?
Is making someone do something they would otherwise not have done, whether it is justified or not.
What gives you original authority?
The oath of office is your permission to enforce the law according to your own judgement, as long as you do it within the relevant guidelines.
Why use coercive force?
To keep the peace where your authority is ineffective, in order to: PPUMP. human rights; To protect the rights of the majority by infringing on the rights of the few.
according to S. 230 of lepra when can you use force?
It is lawful for a police officer exercising a function under this actor any other act or law in relation to an individual or a thing, and anyone helping the police, to use such force as is reasonably necessary to exercise the function
S.231 of LEPRA states what?
A police officer or other person who exercises a power to arrest another person may use such force as is reasonably necessary to make the arrest or to prevent the escape of the person after the arrest.
What are the Justifications for deadly force?
> In pursuit of good ends > Proportionate to the intended outcome > only as much force as is absolutely necessary > In DEFENCE of your own or another's life or when threatened with serious injury > Where there is an IMMEDIATE and direct threat > Where it will END the threat > No other options are available.
When not to use coercive force?
> To inflict punishment > To teach someone a lesson > To teach respect for the police > To humiliate
What is Excessive force?
Using more force than is needed > using some forces when none is needed > Continuing to use force when there is no longer any need for it > Using force for the wrong reason such as educate, humiliate punish or teach to respect. > In other words not satisfying all 3 of the justifications.
Use of excessive force by police is also known as what?
How does police use of coercive force impact on others on other?
> Role of police > Rule of the law > Discretion > Ethical decisions - Making > Law, morality and human rights.
What have police got to do with rights?
> Police are Gatekeepers of the criminal justice system > Police infringe and uphold people's rights on a daily basis. > To infringe on peoples rights you must first understand these rights.
Why is Corruption a problem?
- Corruption is bad because it has a great number of bad and/ or un just consequences
- Violation of public trust
- Violation of the Officers Oath
- Misuse of power and authority - breach of trust
- Tarnishes public perception of police
- It is Illegal
- It facilitates crime
- It damages legal processes
What is corruption?
Deliberate unlawful conduct, whether by act or mission, on the part of a member of the NSW Police Force, utilising his/ her position, whether on or off duty, and the exercise of police powers in bad faith.
What are examples of activities considered corrupt?
- Receipts of bribes
- Protecting organised crime
- Warning of pending Police activity
- Weakening a brief to lessen the chances of a conviction
- "Fixing" bail or sentence
- Opportunistic theft
Why are Police morally vulnerable?
- Policing is a " Morally corrosive" occupation
- Policing is a " High Pressure" occupation
- You will regularly encounter situations that test your values and resolve
- You often encounter people who will attempt to dissuade you from your duty
- You will encounter emotional and physical stresses that others don't
- Discretion unsupervised