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by hugh3
5656 days ago
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The penalties for such very rarely involve loss of liberty. Right, but the penalties for resisting arrest (or fining) do. If a policeman stops you and gives you a ticket for jaywalking, that's not an offence for which you can wind up in prison. But if you try to run away instead of being given the ticket, the policeman can do whatever it takes to catch you and restrain you. Otherwise, the whole ticketing system wouldn't work at all. |
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Bad example.
Did you know it's SOP for AO's to only apprehend in certain circumstances at risk of legal complications. For example if a person has evaded capture:
"... In the event that the offender is able to decamp officers are not to give chase and pursue the offender. ..."
if the person has evaded capture and/or hidden:
"... loose sight of the offender then the pursuit must be abandoned and the officers should resume normal duties. Under no circumstance are officers to conduct a search of the area ..."
if the person is on private property:
"... If it is deemed necessary to pursue a person for a serious offence and that particular person enters private property, the pursuit is to cease immediately; entry to private property may be illegal and deemed as trespass. ..."
These examples are straight from the "Code of Conduct". It highlights how limited the real powers AO's have been supplied, mostly the Transport Act 1983.
[0] CODE OF CONDUCT FOR PUBLIC TRANSPORT AUTHORISED OFFICERS ~ http://www.transport.vic.gov.au/doi/internet/transport.nsf/h...