Description

Contents

1. POLICE ARREST POWERS
▪ Powers of Arrest
▪ Arrest Without Warrant s99 LEPRA p437 – USE DAMIAN’S
s99 (1)
• (a) The above requires ‘suspicion on reasonable grounds’ which has the following common law meanings:
o Must have some factual basis or evidence, but not necessarily admissible in court (objective test; can’t be a gut feeling)
s99 (1)
For arrest to be lawful, the police officer must have reasonable grounds to suspect the person has committed an offence AND that arrest is necessary for one or more of the reasons outlined in LEPRA s 99 (1)”
Voluntary Attendance – “Assisting Police with their Inquiries”
▪ Detention after arrest for the purposes of investigation LEPRA – USE DAMIAN’S
s114 Detention after arrest for purposes of investigation Conditions:
▪ Evidence Act 1995 - Exclusion of improperly or illegally obtained evidence
Admissibility of Confessions – Criminal Procedure Act 1986
89A Evidence of silence in criminal proceedings for serious indictable offences – p479
2. POLICE SEARCH POWERS (SEARCH WITHOUT ARREST - LEPRA) – use dam’s
s3 – Types of Searches
s21(1) - Circumstances where Police has power to search without warrant
▪ The Use of Drug Detection Dogs - LEPRA
s146 General authority to use drug detection dogs
147 Use of dogs for general drug detection authorised
148 General drug detection with dogs in authorised places
▪ Arrest and Exercise of “Reasonable Force” - LEPRA
▪ Move-Along Powers – s197 LEPRA
▪ Riot and Affray s93 LEPRA S93B Riot:
S93C Affray:
S93D Mental Element
S545C Crimes Act – Unlawful Assembly
4. COMPONENTS OF AN OFFENCE – STRUCTURE OF YOUR ANSWER
2. Actus reus
3. Mens rea
4. Coincidence (only deal with this if it is an issue) - using
5. Defences
OFFENCES
1. Public Order Offences
Summary Offences Act 1988 (SOA)
OTHER RELEVANT FACTORS
LEPRA - Powers relating to intoxicated persons
LEPRA - Emergency Alcohol Free Zones
Destroying or damaging property
2. Drug Offences
Summary Offences
Indictable Offences – Prohibited Plants
Indictable Offences – Prohibited Drugs
3. Criminalising Association Association for terrorist purposes
a. Membership of a terrorist organisation
Associating with a member of a terrorist organisation
Consorting – Crimes Act
93W Definition
93X Consorting
93Y Defence
Participation in a Criminal Group – Crimes Act
Current regime – pg 1220
Restricted Premises Act 1943 – pg 1223
Circumstances
Times not taken into account
Conditions


UNSW

Term 2, 2020


52 pages

16,001 words

$59.00

Add to cart

Campus

UNSW, Kensington

Member since

September 2020