Classification of Offences & PSO Powers - Crime Act

Indictable Offences

More serious crimes requiring trial by judge and jury.

Summary Offences

Less serious crimes determined in the Magistrates’ Court.

Strict Liability Summary Offences

Offences requiring no Mens Rea; conviction based on proving Actus Reus.

Points of proof

Essential facts that must be proven for an offence, regardless of handling.

Identity

The crucial first point of proof in any offence.

Admissions

An acknowledgment of guilt or involvement, relevant in proving identity.

Circumstantial Evidence

Indirect evidence that implies a fact based on the circumstances.

Designated Place

Specific areas where additional powers of police apply under the Police Regulation Act.

Powers to request name and address

Police officers may request identification under Section 456AA if they believe a person has committed or will commit an offence.

Power of Arrest without a Warrant

Section 458 allows arrest without warrant if a person is committing an offence.

Finds Committing

Includes instances where circumstances lead to reasonable grounds to believe an offence is occurring.

Arrest for Indictable Offences

Additional arrest powers for indictable offences under Section 459.

Reasonable Grounds

The belief that must be held by an officer to justify an arrest.

Arrest defined

Total restraint of a person, requiring notification of their arrest and the reason.

Compelled Submission

When a person feels they must comply with an arrest, even without physical force.

Section 461(1)

An arrest based on a reasonable belief remains lawful even if the person is proven innocent.

Body Worn Cameras

Must be activated when a person is taken into custody, to document interactions.

Purpose of Arrest

To bring an offender before the court for prosecution, not as a punishment.

Circumstantial Evidence types

Includes fingerprints, DNA, and similar facts in proving identity.

Community safety

One reason a place may be designated for increased police presence.

PSO Powers

Police and Protective Service Officers’ expanded powers in designated areas.

Section 458(1)

Allows any person to arrest without a warrant if they find someone committing an offence.

Legislation from 2020

Empowered the Chief Commissioner to declare designated areas for policing.

Infringement Notice

A legal notice issued for summary offences that allows immediate resolution without court.

Criminal Damage

A type of indictable offence involving intentional harm to property.

Conviction Proof

In strict liability offences, proof of Actus Reus secures conviction without Mens Rea.

Circumstantial Evidence examples

Materials such as DNA, and witness testimony used to establish identity.

End of Custody Protocol

Procedure followed by officers post-arrest to ensure proper documentation and evidence handling.

Warrantless Arrest Condition

Officers must have reasonable grounds to believe an offence has been committed.

Police Regulation Act

Legislation governing police powers, including designated places.

Judicial Review

The court's ability to review the legality of a police officer's actions during arrest.