5) Managing suspects and offenders Flashcards
(11 cards)
Section 39
Crimes Act 1961
Force justified if necessary to overcome any force used to arrest.
Unless it could be made by reasonable means in a less violent manner
- includes person called upon to assist constable (except GBH/death)
Section 40
Crimes Act 1961
Force justified to prevent escape and/or rescue
When a prison is attempting to or has escaped from lawful custody
- includes person called upon to assist constable (except GBH/death)
Section 41
Crimes Act 1961
Everyone is justified in using force as may be reasonably necessary in order to prevent the commission of:
- suicide
- or cause immediate or serious injury
Section 42
Crimes Act 1961
Everyone who witnesses a breach of peace is justified in interferring to prevent:
- its continuance or renewal
- may detain any person committing it and give them to a constable
No more force than reasonably neccessary
or proportionate to the danger
Section 202A
Offensive weapon or disabling substances
Crimes Act 1961
Offensive weapon:
* (4)(a) article made or altered for use for causing bodily injury
* (4)(b) article capable of being used for causing bodily injury
Disabling substance
* any anaesthetising or other substance produced for use for disabling person
Liable if:
- knife/offensive weapon in public place without reasonable excuse
- offensive weapon/disabling substance in any place show intent to commit an offence
Section 21
New Zealand Bill of Rights Act 1990
Right to be secure against unreasonable search (person/property/vehicle)
Section 22
New Zealand Bill of Rights Act 1990
Everyone has the right not to be arbitrarily arrested or detained
Section 23
Rights of a person detained
New Zealand Bill of Rights Act 1990
- reason for arrest/detention
- consult lawyer
- released if arrest/detention not lawful
- charged or promptly released
- if not released, brought before the court ASAP
- refrain from making statement
- treated with humanity and respect for their dignity
Section 24
Rights of persons charged
New Zealand Bill of Rights Act 1990
- Informed promptly nature/cause of charge
- released on reasonable terms unless cause for further detention
- consult lawyer
- jury trial for penalty >2years
- receive legal aid
- free translator
Section 25
Minimum standards of criminal procedure
New Zealand Bill of Rights Act 1990
- fair public hearing
- tried with undue delay
- right to be presumed innocent
- right not to be compelled as a witness or confess guilt
- right to examine the witness
- if convicted and sentence has since changed, right to lesser penalty
- right to appeal
- if child, dealth with with respect to age
Admissibility of evidence
Evidence Act 2006
Not admissible if excluded under:
* the reliability rule (s28)
* the oppression rule (s29)
* the improperly obtained evidence rule (s30)
