Powers of arrest, bill of rights and practice notes

Question 0

What must you say to someone to avoid arbitrary detention?

Answer 0

You are free to leave at any time.

You do not have to remain to answer any questions.

Question 1

What does section 22 of the NZ bill or rights 1990 state?

Answer 1

Everyone has the right not to be arbitrarily arrested or detained.

Question 2

What does section 21 of the NZ bill of rights act 1990 state?

Answer 2

Everyone has the right to be secure against unreasonable search and seizure of their person, property or correspondence.

Question 3

What must you say to an offender when you place them under arrest according to section 23 of the NZ bill of rights act 1990.

Answer 3

I am arresting you for…
Do you understand?
(1) You have the right to remain silent.
(2) You do not have to make any statement.
(3) Anything you say will be recorded and may be given in evidence in court.
(4) You have the right to speak with a lawyer without delay and in private before deciding whether to answer any questions.
(5) Police have a list of lawyers you may speak to for free.
Do you understand?

Question 4

How is torture defined under section 9 of the NZ bill of rights act 1990?

Answer 4

The in humane treatment of an individual.

Question 5

What must you say to someone who you have legally detained under section 23 of the NZ bill of rights act 1990?

Answer 5

You are being detained under section ……… Of the …………….. Act.
OR
You are being detained under the …………….. Act.

You must also give them their rights as with arresting them.

Question 6

Who does the offence if torture apply to?

Answer 6

Public officials.

Question 7

Under what acts and sections does a constable have powers to arrest?

Answer 7

Crimes Act 1961 Section 315(2)(a) and section 315(2)(b)

Summary Offences Act 1981 Section 39(1) and Section 39(2)

Question 8

What does section 315(2)(a) of the Crimes Act 1961 state?

Answer 8

Any constable and all persons whom they call to their assistance MAY ARREST and take into custody, WITHOUT WARRENT, any person who HE FINDS DISTURBING THE PUBLIC PEACE OR COMMITTING ANY OFFENCE PUNISHABLE BY IMPRISONMENT.

Question 9

What does Section 315(2)(b) of the Crimes Act 1960 state?

Answer 9

Any Constable and all persons whom they call to their assistance MAY ARREST and take into custody, WITHOUT WARRENT, any person who HE HAS GOOD CAUSE TO SUSPECT OF HAVING COMMITTED A BREACH OF THE PEACE OR ANY OFFECNE PUNISHABLE BY IMPRISONMENT.

Question 10

What does section 39(1) of the Summary Offences Act 1981 state?

Answer 10

Any officer and all persons whom they call to their assistance MAY ARREST and take into custody, WITHOUT WARRENT, any person who HE HAS GOOD CAUSE TO SUSPECT OF HAVING COMMITTED AND OFFENCE AGAINST THIS ACT EXCEPT SECTIONS 17-20, 25, 32-38.

Question 11

What does section 39(2) of the Summary Offences Act state?

Answer 11

Any constable and all persons whom they call to their assistance MAY ARREST and take into custody, WITHOUT WARRENT, any person who WITHIN HIS VIEW DOES AN ACT THE CONSTABLE BELIEVES IS AN OFFENCE AGAINST SECTIONS 17-20, 25, 32-38 AND FAILS TO GIVE NAME AND ADDRESS OR GIVES FALSE DETAILS.

Question 13

How long can you hold someone if you arrest them for Disturbing the public peace?

Answer 13

A maximum of 2 hours.

Question 14

What does Practice Note 1 on Police Questioning state?

Answer 14

A police officer can question anybody; however, the person spoken to cannot be compelled to answer. This includes witnesses, victims, suspects, informants and offenders.

Question 15

What does Practice Note 2 on Police Questioning state?

Answer 15

Whenever a member of police has sufficient evidence to charge a person with an offence or whenever a member of Police seeks to question a person in custody, the person must be cautioned before being invited to make a statement or answer questions.

Question 16

What does Practice Note 3 on Police Questioning state?

Answer 16

• Cross-examination when the subject has said they did not want to make a statement is in breach of Note 3.
• A prisoner, whether in custody or in respect of where there is sufficient evidence to charge must not be cross examined.

Question 17

What does Practice Note 4 on Police Questioning state?

Answer 17

Whenever a person is questioned about statements made by others or about other evidence, the substance of the statements or the nature of the evidence must be fairly explained.

Question 18

What does Practice Note 5 on Police Questioning state?

Answer 18

Any statement made by a person in custody or in respect of whom there is sufficient evidence to charge should preferably be recorded by video recording unless that is impractical or unless the person declines to be recorded by video. Where the statement is not recorded by video, it must be recorded permanently on audio tape or in writing.

Question 19

What are the four possible consequences of breaching the NZ Bill of Rights 1990, Evidence Act and Practice Note on Police Questioning?

Answer 19

(1) The evidence may be disallowed.
(2) The case may be dismissed.
(3) Could cause officers credibility to be doubted.
(4) Could result in adverse publicity, legal criticism or formal complaints.

Question 20

When should Rights/Cautions be given?

Answer 20

When you have sufficient evidence to lay charges or when you intend to question someone who is in custody.

Question 21

What does Section 23 of the NZ Bill of Rights state?

Answer 21

People arrested or detained under any enactment have rights and must be informed of those rights. (Caution rights)

Question 22

What does Section 24 of the NZ Bill of Rights state?

Answer 22

People charged with an offence have certain rights and must be informed of those rights. (Caution rights)

Question 23

When is a search unreasonable?

Answer 23

When they are executed:

• Without , or in excess of, powers or authority
• in an unreasonable manner
• in bad faith