ADPP Session 1 Law/Powers PPP145
Role of Police in a Democratic Society
- Functions:
- Protecting life and property
- Preventing and detecting crime
- Upholding the law
- Maintaining order
- Providing policing services
Proving Criminal Liability
- Key Requirements:
1. The prosecution must prove each element of the offense beyond a reasonable doubt.
2. Establishing mens rea (mental state) and actus reus (the physical act).
Temporal Coincidence
- Definition:
Actus reus and mens rea must coincide in time, meaning they must occur simultaneously in order for
liability to attach.
Strict Liability
- Definition:
Focuses primarily on actus reus while excluding much of mens rea.
- Example: Traffic offenses.
Doctrine of Doli Incapax & Age of Criminal Responsibility
- Age Guidelines:
- Children under 10 years are incapable of forming criminal intent, thus cannot be charged with
offenses.
, - Ages 10-14 are presumed not to commit crimes as they may not understand right from wrong.
Penalties
- Types of Offenses:
- Serious Indictable Offense: 5 years or more imprisonment.
- Minor Indictable Offense: 2 to 5 years imprisonment.
- Strictly Indictable Offense: 20 years to life imprisonment.
Statute of Limitations
- For Legal Matters:
- Summary matters: 6 months
- Indictable matters: No time limit
Evidence Act 1995
- Standard of Proofs:
- Section 140 (Civil Proceedings): The prosecutor must prove the matter on the balance of probabilities.
- Section 141 (Criminal Proceedings): The prosecutor must prove the matter beyond a reasonable
doubt.
Sections Contained in an Act
- Typical Sections:
1. Offense
2. Definition
3. Power
4. Procedural guidelines
STOPAR Process
- Stages of Problem Solving:
- Stop: Focus on the problem.
, - Think: Consider knowledge relevant to policing (5WHs).
- Observe: Gather information, assess risks.
- Act: Implement the action plan.
- Review: Analyze outcomes and actions taken for potential improvements.
Admissible Evidence Must Be
1. Relevant (Evidence Act s.55)
2. Reliable (Evidence Act s.165)
3. Fair (Evidence Act s.135)
Sources of Evidence
1. Original: Oral testimonies
2. Real: Physical evidence (e.g., weapons, DNA, fingerprints)
3. Documentary: Written, electronic, audio, or visual records
Definitions of Evidence Types
- Inculpatory Evidence: Evidence that incriminates a defendant (suggests guilt).
- Exculpatory Evidence: Evidence that exonerates a defendant (suggests innocence).
Hierarchy of Secondary Identification Methods
1. Crowd scenes
2. Photographs
3. In dock (court identification)
Define Arrest
- Components:
- T: Total restraint of personal liberty.
- E: Effective from the moment a person is not free to come and go as they please.
- A: An officer conveys, through words or actions, that the suspect is not free to leave.
, Reasons to Arrest
- Justifications:
- Commission of an offense
- By virtue of a warrant
- To avert a breach of peace
- Under a specific power, as per other legislation (e.g., Bail Act 2013, Road Transport Act 2013)
Define Reasonable Suspicion ✔️- More than an ideal wondering whether something exists or not.
- Positive feeling of actual apprehension/mistrust to a slight opinion but without enough evidence
- Test is both subjective (you) and objective (reasonable person)
Elements of a Lawful Arrest ✔️1. Sanctioned by law (offence, warrant, etc)
2. Sufficient act of arrest (restraint/submission)
3. Safeguards (IPE)
Effecting an arrest ✔️- Seizure/touching a person's body with a view to his/her arrest
- Officer states in terms that they are arresting the suspect and the suspect submits to the authority of
the officer
- Words/conduct by the PO make it clear the person is not free to go.
Alternatives to arrest ✔️- No action
- Warning/Caution
- Penalty Notice
- Field Court Attendance Notice (FCAN)
- Future Service Court Attendance Notice (FSCAN)
LEPRA Section 201 ✔️Police powers to which this Part applies:
- Stop, search or arrest
Role of Police in a Democratic Society
- Functions:
- Protecting life and property
- Preventing and detecting crime
- Upholding the law
- Maintaining order
- Providing policing services
Proving Criminal Liability
- Key Requirements:
1. The prosecution must prove each element of the offense beyond a reasonable doubt.
2. Establishing mens rea (mental state) and actus reus (the physical act).
Temporal Coincidence
- Definition:
Actus reus and mens rea must coincide in time, meaning they must occur simultaneously in order for
liability to attach.
Strict Liability
- Definition:
Focuses primarily on actus reus while excluding much of mens rea.
- Example: Traffic offenses.
Doctrine of Doli Incapax & Age of Criminal Responsibility
- Age Guidelines:
- Children under 10 years are incapable of forming criminal intent, thus cannot be charged with
offenses.
, - Ages 10-14 are presumed not to commit crimes as they may not understand right from wrong.
Penalties
- Types of Offenses:
- Serious Indictable Offense: 5 years or more imprisonment.
- Minor Indictable Offense: 2 to 5 years imprisonment.
- Strictly Indictable Offense: 20 years to life imprisonment.
Statute of Limitations
- For Legal Matters:
- Summary matters: 6 months
- Indictable matters: No time limit
Evidence Act 1995
- Standard of Proofs:
- Section 140 (Civil Proceedings): The prosecutor must prove the matter on the balance of probabilities.
- Section 141 (Criminal Proceedings): The prosecutor must prove the matter beyond a reasonable
doubt.
Sections Contained in an Act
- Typical Sections:
1. Offense
2. Definition
3. Power
4. Procedural guidelines
STOPAR Process
- Stages of Problem Solving:
- Stop: Focus on the problem.
, - Think: Consider knowledge relevant to policing (5WHs).
- Observe: Gather information, assess risks.
- Act: Implement the action plan.
- Review: Analyze outcomes and actions taken for potential improvements.
Admissible Evidence Must Be
1. Relevant (Evidence Act s.55)
2. Reliable (Evidence Act s.165)
3. Fair (Evidence Act s.135)
Sources of Evidence
1. Original: Oral testimonies
2. Real: Physical evidence (e.g., weapons, DNA, fingerprints)
3. Documentary: Written, electronic, audio, or visual records
Definitions of Evidence Types
- Inculpatory Evidence: Evidence that incriminates a defendant (suggests guilt).
- Exculpatory Evidence: Evidence that exonerates a defendant (suggests innocence).
Hierarchy of Secondary Identification Methods
1. Crowd scenes
2. Photographs
3. In dock (court identification)
Define Arrest
- Components:
- T: Total restraint of personal liberty.
- E: Effective from the moment a person is not free to come and go as they please.
- A: An officer conveys, through words or actions, that the suspect is not free to leave.
, Reasons to Arrest
- Justifications:
- Commission of an offense
- By virtue of a warrant
- To avert a breach of peace
- Under a specific power, as per other legislation (e.g., Bail Act 2013, Road Transport Act 2013)
Define Reasonable Suspicion ✔️- More than an ideal wondering whether something exists or not.
- Positive feeling of actual apprehension/mistrust to a slight opinion but without enough evidence
- Test is both subjective (you) and objective (reasonable person)
Elements of a Lawful Arrest ✔️1. Sanctioned by law (offence, warrant, etc)
2. Sufficient act of arrest (restraint/submission)
3. Safeguards (IPE)
Effecting an arrest ✔️- Seizure/touching a person's body with a view to his/her arrest
- Officer states in terms that they are arresting the suspect and the suspect submits to the authority of
the officer
- Words/conduct by the PO make it clear the person is not free to go.
Alternatives to arrest ✔️- No action
- Warning/Caution
- Penalty Notice
- Field Court Attendance Notice (FCAN)
- Future Service Court Attendance Notice (FSCAN)
LEPRA Section 201 ✔️Police powers to which this Part applies:
- Stop, search or arrest
