5) Managing suspects and offenders Flashcards
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)
