WHAT IS A PUBLIC PLACE? Right Ans - SECTION 3 (1) SUMARRY
OFFENCES ACT 1988
(a) A place(whether or not covered by water), or
(b) A part of a premises that is open to the public, or is used by the
publicwhether or not on payment of money or other consideration, whether
or not the place or part is ordinarily so open or used and whether or not the
public to whom it is open consists only of a limited class of persons, but does
not include a school
SECTION 197 LEPRA DEALS WITH WHAT? Right Ans - a direction to cease
inappropriate behaviour
IN ACCORDANCE WITH SETION 11(2) LEPRA, A POLICE OFFICER MAY
REQUEST WHAT? Right Ans - A direction to cease inappropriate behaviour
IPE REFERS TO WHAT? Right Ans - INFORM, PROVIDE, EVIDENCE
PART 15 SECTION 201(1) LEPRA APPLIES TO THE EXERCISE OF WHICH OF
THE FOLLOWING POWERS BY POLICE OFFICERS? Right Ans - - A POWER
TO STOP, SEACH OR ARREST A PERSON, VEHICLE, VESSEL OR AIRCRAFT
- A POWER TO ENTER OR SEARCH PREMISES
- A POWER TO DISCLOSE IDENTITY OF A PERSON
PART 15 SECTION 201(1) LEPRA ALSO APPLIES TO THE EXERCISE OF
WHICH OF THE FOLLOWING POLICE POWERS? Right Ans - - A power to
seize a property
- a power to require the removal of a face covering
- a power to establish a crime scene at premises, not being a public place
WHAT SECTION OF LEPRA APPLIES TO POLICE OFFICERS TO PROVIDE
INFORMATION WHEN EXERCISING POWERS? Right Ans - SECTION 202(1)
If a person has been given a direction under Section 198(1) (a) (b) LEPRA,
they are what? Right Ans - Are intoxicated and to leave the public place and
not return
, What time period applies to Section 198(6) for intoxicated people frequenting
a public place? Right Ans - Within 6 hours after the direction is given
Failure to comply with directions can be found in Right Ans - Summary
Offences Act 1988 Section 9; LEPRA 2002 Section 199
Police don't supply name or place of duty and the person does not comply
with your direction is the person committing an offence? Right Ans - A
person does not commit an offence - Section 204B (1) LEPRA
The definition of an intoxicated person under LEPRA is a person who Right
Ans - Appears to be seriously affected by alcohol/other drugs
Under the Liquor Act 2007, a person is intoxicated if Right Ans - The
person's speech and balance is noticeably affected + A person's co-ordination
or behaviour is noticeably affected
What Section of LEPRA applies to giving directions to persons comprising a
group? Right Ans - Section 198A (1) (2) (3)
What are the elements of Offensive Conduct? Right Ans - Summary
Offences Act 1988 Section 4(1)
The elements of an offence under Section 4 are that the defendant:
(a) Conducted himself or herself in an offensive manner,
(b) In, near or within view or hearing from, a public place or school.
What Section of the Summary Offences Act 1988 provides for offensive
language? Right Ans - Section 4A defines the offence of using offensive
language.
4A(1) A person must not use offensive language in or near, or within hearing
from, a public place or a school.
The elements of the offence are:
• The accused used offensive language
• In or near, or within hearing from, a public place or a school.
Whether the language is deemed to be offensive, now depends on the context
and intent in which it is used.
What are the elements of obscene exposure? Right Ans - Section 5
Summary Offences Act:
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