Review Questions Week 4 PDF

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Review Questions Week 4

Discussion board Questions: 1.) What is the legal test for determining whether a police officer can stop and search someone without a warrant? S29 and S30 of the PPRA 2000, a police officer who reasonably suspects a person of prescribed circumstances may stop and search the person. Prescribed circumstances for searching a person without a warrant; person may have a weapon, knife or explosives the person may not lawfully possess, drugs, stolen property etc.

2.) What is the legal test for determining whether a police officer can arrest someone without a warrant?

365 Arrest without warrant says: (1) It is lawful for a police officer, without warrant, to arrest an adult the police officer reasonably suspects have committed or is committing an offence if it is reasonably necessary for 1 or more of the following reasons (a) To prevent the continuation or repetition of an offence or the commission of another offence; (b) To make inquiries to establish the person’s identity, (c-h) (2) Indictable offence; it is lawful for a police officer to arrest a person if police officer reasonably suspects that the person is about to or will commit an indictable offence.

3.) What is the correct legal procedure for arresting a person? Officers Hands must go on the offender’s shoulders informing them that they are under arrest and why, making sure to show them the warrant if applicable and all their rights, then you tell the offender your name, rank and station.

4.) Can you give an example of legislation that shows how governments balance the need to give police these special powers, against the need to protect suspects or members of the public from a violation of their individual rights (for example, the right to privacy)? Examples of how governments regulate police powers. 1. A comprehensive legislative scheme which provides, and limits police power is set out in the Police Powers and Responsibilities Act 2000 (Qld) 2. Regulations which provide further details on how these powers should be exercised: Police Powers and Responsibilities Regulations 2012 (Qld) 3. Other accountability mechanisms include the Crime and Corruption Act 2001 (Qld) and bodies like the Queensland Crime and Corruption Commission These are limited to police to maintain: •

Police powers are often coercive, and invasive of individual liberty and privacy

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Accountability

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Legitimacy

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Due process

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Rule of law

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Protect against corruption

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5.) What are the different stages of ISAAC, and what are some important things to remember for each? I - Issue: Identify the key issue/ arising. Eg Can police search Belindas house without a warrant? S - Statement of Law: State the legal principle/rule governing this issue. Eg. PPRA 2000, QLD. A - Authority: The case or section of an Act that contains the legal principle/rule. Eg. Section 33 of the PPRA 2000 qld states that it is reasonable for police to search a place without a warrant based on the following… A - Application: Apply the law to the facts of the case at hand. This is the most important part. Eg. Police can’t search Belinda’s house as police does not suspect that

she is doing anything suspicious or illegal at the time so they must issue a warrant to search the place. C - Conclusion: Conclude by assessing the outcome of the Application – was the behaviour lawful? If not, what are the consequences? Eg. Police cannot search Belinda’s house as the need a warrant to enter the premises.

Review questions: 1. Can you think of some reasons why police power is limited and regulated? 2. What police powers are set out in the Police Powers and Responsibilities Act 2000 (Qld)? 3. In what circumstances can police arrest a person with, and without, a warrant? 4. In what circumstances can police apply for a search warrant to search private premises? 5. What are the different stages of the ISAAC model for answering legal problem questions?...