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The flashcards below were created by user
ash123
on FreezingBlue Flashcards.
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What Act outlines arrest powers in Victoria?
Crimes Act 1958 (Vic)
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Commonly reffered to as citizens arrest section?
S.458
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Primary purpose of an arrest?
- Bring offender before a court
- S.458(1) "...take before a bail justice or the Magistrates' Court to be dealt with according to law..."
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Three methods of getting someone before a court?
- Arrest with a warrant
- Arrest without a warrant
- Summons
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Is the Victoria Police badge official identification?
No! Warrant Card
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When can VP ask for your name and address?
- when they believe on reasonable grounds;
- you have committed/about to commit an offence
- or may assist in an indictable offence investigation
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What must VP do if they ask for your name and address?
must inform them in sufficient detail to understand offence/ suspected offence
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What section of the Crimes Act 1958 (Vic) outlines name and address rights?
S.456AA
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What is the reverse onus re. name and address?
If a member of Victoria Police asks for name and address you can in turn ask for there name, rank and place of duty, orally or in writing
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Don't Arrest!!
- For questioning
- Manager makes a Decision
- Ascertain if property was stolen
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When/why can you arrest? (6 reasons)
- Bring offender before a court
- Preserve public order
- Stop continuation/commission/repition
- Safety/welfare of the public and offender
- When instructed by VP Member
- When escaping/aiding a person from legal custody
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Arrest for no matter how long is...
IMPRISONMENT
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When do you lose the power of arrest?
- When the offence is regulatory
- When you posess there name and address (50%)
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S.459 Crimes Act 1958 (Vic)?
additional powers of police to aprehend offenders
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S.461 Crimes Act 1958 (Vic)?
arrest is not unlawful even if suspect did not commit offence
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What grade of force and why?
S.462A Crimes Act 1958 (Vic)
- -use force to effect or assist in lawful arrest and
- -to prevent continuance commission completion of indictable offence
- -force not DISPROPORTIONATE
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Hmmmm suicide? S.463B Crimes Act 1958 (Vic)
justified in using force to prevent commission of suicide
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Christie v Leachinsky 1947, What principle did it lay down?
That upon arrest you are entitled to know why
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When is the priviledge to know why gone?
Christie v Leachinsky 1947
When circumstances indicate that he knows why, or when offender makes it impossible to be told
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does why have to be technical?
Christie v Leachinsky 1947
The why does not have to be technical or precise in language
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Arrest is?
the apprehension, detention of a person in order for them to answer for an alledged or suspected offence
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