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CPK.30/8/22 > C5-Manage Suspects & Offenders > Flashcards

C5-Manage Suspects & Offenders Flashcards

1
Q

Title: crimes Act 1961

S39 force using execute process or in arrest

S40 prevent
S41 suicide
S42 breach of the Peace

A
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2
Q

Section 202A possesion of offensive weapons or disabling substance ** 3 **

What is an offensive weapon?

What is a disabling substance?

A
  • any article made or altered for the use of causing bodily injury intended by the person
  • any anesthetizing or mother substance produced for used for disabled persons

Liable 3 years imprisonment

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3
Q

Title; law note

Attorney general v Reid HC Auckland

*Mackey v Minto

A
  • 50 protesters on their way to a protest however they were arrested for breach of the Peace
  • however Court held you cannot arrest protesters for anticipated breach of the Peace

-Andy macky v minto case police may have gone directly to the people involved and the arrest them for obstruction

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4
Q

Title; New Zealand Bill of Rights Act 1990

S8 deprived 
S9 torture
S13 thought and religion
S14 freedom
S15- manifestation religion in belief
S16 peaceful assembly
S17 association
S18 movement
S19 discrimination
S20 minorities 
S21 unreasonable search****
S22 Liberty
A 
S8 deprived of life 
S9 be torture cool treatment
S13 
Freedom of thought conscience religion adopt in hold opinions
S14 
Freedom of expression
S15- 
Wait to practise and preach their religion in public or private
S16
Freedom of peaceful assembly
S15-
Freedom of association
S18 
Freedom of movement
S19
Discrimination
20
Ethnic religious linguistic cannot be delayed your rights
S21 
unreasonable search
S22 everyone has the right not to be arbitrarily arrested or detained
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5
Q

Section 23 rights of person arrested or detained
Informing person K9

**Everyone deprives of Liberty shall be treated with humanity and respect

A
  • every person shall be informed
  • consult a lawyer
  • have the validity of the arrest or detention determine without delay
  • it’s not released brought as soon as possible before a court
  • Evan deprived of Liberty shall be treated with humanity and with respect for the inherent dignity of the person
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6
Q

Section 24 rights of person charged

A
  • informed properly
  • released on reasonable terms
  • consult lawyer
  • give an adequate time to prepare defence
  • except in the case of offence under military law the right to have a trial by jury
  • legal assistants
  • free assistance of an interpreter
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7
Q

Section 25 minimum standards of criminal procedure

Everyone who is charged within events has the rights to

  • fear and public hearing
  • tried without undue delay
  • innocent until proven guilty
  • not be compelled to be a witness or confess guilt
  • to be present at trial and present defence
  • right to examine the witnesses
  • have the lesser penalty if convicted
  • to appeal the conviction
  • the lights if it is a child to be dealt with a manner that takes account of the child’s age

True or false

A

True

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8
Q

Title; New Zealand Bill of Rights act chapter

S9 Right not to be subject to torture or cold treatment

A

Breach of section 9 may lead to a substantial award of compensation by the courts

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9
Q

Demonstrations behaviour offences and breach of the Peace

-when policing freedom of expression public protest police must be aware of

A
  • the rights of freedom of expression
  • extent to which demonstration is impinging on the Rights of others to use public space
  • where the behaviour warrants the intervention of criminal law
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10
Q

The level of behaviour disorderly and offensive behaviour or insulted language is much hire for protesters conveying an opinion of public interest.

In order to reach the threshold of offensive or disorderly protesters behaviour must either

A
  • substantially inhibit other people from enjoying the right to use the public spaces
  • cause greater offence than those affected can reasonably be expected to tolerate to the extent that is seriously disruptive of public law
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11
Q

The legal test for disorderly an offensive behaviour and insulting language in breach of the Peace elite evolve further in the protest context

Please employee should consider

A
  • does the behaviour Express view on a matter of public interest
  • intrude the rights of others in public space
  • intrusion do beyond what is reasonable person is respectful of the rights to freedom of expression could be expected or tolerated
  • pose a risk and actual risk to public disorder comma intimidation, victim, violence
  • does the behaviour warrant intervention of criminal law
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12
Q

Routhen vs police 2016

A

If police become involved for the protester lesbian asked to leave a government space do your own assessment. Ask the question is the officials reasoning make sense does it justify please action.

Given the individual’s right to peaceful protest however if the protest person is causing a hazard order strapping business option is to see if the protest action can be modified

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13
Q

Title; right to secure against unreasonable search and seizure

S21
-what is a search?

A

Case law suggest a search requires a conscious act of state intrusion into an individual’s reasonable expectation of privacy as opposed to a mere observation

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14
Q

What is not a search?

  • nearly and using a torch to observe and I looked Corsica inside a car headlight
  • asking a person to hold up a bicycle
  • asking a person to hold out their hands for inspection
  • a voluntary request to a power company for aggregated monthly power usage

True or false

A

True

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15
Q

What is seizure?

A

Seizure is removing something from the position of someone else

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16
Q

What’s the usual remedies for unreasonable search?

$$$$

A

Usual remedy for breach of section 21 is exclusion of evidence under the section 30 evidence ACT

It also may warrant compensation

17
Q

Title; right to not be able to arbitrarily arrested or detained

S22
Meaning of arrest:
Christmas have its crimes Act meaning of a communicated intention on the part of the police officer to hold the person under the law for authority

Meaning of detention:

  • physical deprivation of a person’s Liberty
  • statutory restaurants in a person’s movements
  • reasonably held belief induced by police conduct

Examples of arrest or detention include when a person has been:

  • formally arrested
  • handcuffed
  • locked in a room
  • play sinner police vehicle against the world

True or false

A

True

18
Q

S22
An arrest or detention will be arbitrary if it’s capricious or inconsistent or without reasonable cause.

Also if the arrest or detention was unlawful or procedures were not followed. True or false

A

True

19
Q

Can you stop a vehicle to undertake general enquiries?

What are the remedies for the arbitrary arrest or detention?

A

No you can’t but only to enforce any of the land transport act traffic regulations under section 114

-you can use section 9 of suits and surveillance to stop a person unlawfully at large

Remedies: it may need two exclusion of evidence, released from detention or compensation

20
Q

Title; rights of people arrested or detained

S23
Treatment with humidity in respect
-what does a treatment breaches look like?

A
  • excessive use of force against a detainee
  • failed to provide medical treatment when requested
  • unlawful restraint to prevent Self harm
  • fail to comply with regulations or policies which provide minimum entitlements such as food clothing
  • routine or deliberate unnecessary strip searching
  • failure to ensure the safety and protective other detainees
21
Q

Remedies for breach of section 23 typically include:

$$$$

A

-$30k use of OC spray against a detainee
-$35k long-term policy of reduction in minimal entitlements tui juice prisoners resistance
$4k to provide sanitary products

22
Q

Title; notifying rights

Insuring their rights are understood

What is the extended obligation when giving rights to

  • Suffolk is stressed confused or fatigued at the time of arrest
  • has a poor command of English language
  • is a passive nature or limited intelligence
  • make it difficult to hearing because of background noise
  • Needs an interpreter

-the admissibility of confession will be jeopardised it’s not done at proper time

True or false

A

True

23
Q

Title
: The evidence ACT 2006 Commonwealth defendant statements in probably obtain evidence

Evidence offered by the prosecution in a statement why defendant is not admissible against that defended if it is excluded under

S28- R
S29- O
S39- I

A
  • reliability rule
  • oppression rule
  • improperly obtained evidence rule
24
Q

S28-

The reliability rule

A
  • the defendant can raise the issue of reliability
  • the judge can also raise the issue of reliability informs prosecution

(2) the judge must exclude unless… satisfied on balance of probability that circumstances in which statement made - was not adversely affected reliability

(3) however section 2 does not come to effect to exclude a statement made by defended if the statement is offered only as evidence of the physical and mental and psychological condition of defended at time of statement made
- or is evidence of the statement was made

(4)

  • judge must take into account any permanent physical mental and psychological conditions of defendant when statement was made
  • and any pertinent characteristics including mental intellectual or physical disability twitch the defendant is subject
  • nature of any questions foot Forward and manner and circumstances
  • the nature of any threat promise or representation made to the defendant or any other person.
25
Q

S29

The oppression rule

A
  • defendant raises the issue of evidential foundation that this statement was influenced by oppression
  • don’t exclude the statement unless satisfied beyond reasonable doubt it was not influenced by oppression
  • it is irrelevant whether or not the statement is true
  • date must take into account any of the following matters:
  • pertinent physical mental or psychological condition when statement was made
  • characteristics of the defendant including mental intellectual or physical disability was apparent
  • nature of any questions put to the defendant and Manor in circumstances in which they would put
  • nature of any threat promise or representation made to the defendant
26
Q

S30

Improperly obtained evidence

A

(2) -the judge must find on the balance of probability whether or not the evidence was improperly obtained
- if judge finds evidence has been improperly obtained they must determine whether or not exclusion of the evidence is proportionate to the impropriety.

(3) the court me among other matters have regard to the following
- importance any right breached by the impropriety in the seriousness of the intrusion
- nature was it reckless or done in bed faith
- quality of evidence;
- seriousness of the offence the defendant is charged with
- investigating techniques involving breach of rice that were known to be available but we’re not used
- but alternative remedies to exclusion of the events which can provide redress to the defendant
- weather the impropriety was necessary to avoid apprehend physical danger to the police
- weather there was urgency in obtaining the improperly obtained evidence

(4) the judge must exclude any improperly obtained evidence

(5) evidence is improperly obtained in consequences of a breach of the Bill of Rights
- and in consequence of a statement made by the defendant that is would be in admissible if it were offered in evidence
- unfairly

27
Q

Title; practise note on police questioning section 30 evidence ACT

Law notes:
Phillips v r 2017 voluntary statements in admissible if not recorded fairly in accordance with the practise note of police questioning

A

Held

  • offender made voluntary admissions to driving however retracted and gave alternative account
  • he was charged for driving whilst disqualified
  • he tried to argue it that the evidence was in admissible because of his New Zealand Bill of Rights

-the district court did not find a breach in the evidence was held admissible

The high court found the evidence to be obtained unfairly due to failing to take for accurate notes

Emphasise the importance of a complying with rule 5 and outline the failure to do so will weigh heavily on exclusion

It’s important to comply with the rule 5 of the chief justice practise note the interactions will defendants have to be recorded.

28
Q

Robertson v r 2020 adherence to the practise note on police questioning

*Bale up for kidnap and sexual violation and breach of bail and honour medication with insulin

Breach of Rule 5

2hrs 30sec

3 breaches

A
  • the statement was not recorded otherwise recorded visited or fully in writing
  • defendant was not given the opportunity to review the statement
  • it was unacceptable for the constable offer the defendant opportunity to confirm the record of his statement was correct

Quote do not tolerate The Gap of 2 1/2 hours during which kickin It was unwell between Ben caution and presented with allegations against him.

CPK.30/8/22 (11 decks)

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