CH 2 - Custody

Question 1

s.32 ID of person in custody

A person who, after being cautioned, fails to comply with a direction of a constable exercising his or her powers under this section commits an offence and is liable on conviction to? (3)

Answer 1

• Imprisonment for a term not exceeding 6 months
• A fine not exceeding $5,000, or
• To both.

Question 2

s.32(2) Policing Act 2008 A constable may take the identifying particulars of a person who is in the _______ custody of the Police if that person is detained for committing an offence and is— (what 2 places?)

Answer 2

• Lawful
• at a Police station or
• At any other place being used for Police purposes

Question 3

What does s.32 & s.33 PA2008 (Identifying particulars of person in custody) & (Identifying Particulars for Summons) enable Police to do? (3 points)

Answer 3

• obtain information
• may be used now or in future by
• police for lawful purpose

Question 4

s.32 PA2008 A constable— (a) must take the person’s identifying particulars in a manner that is __________ in the circumstances; and (b) may only use __________ _____ that may be __________ to secure the person’s identifying particulars.

Answer 4

• (a) reasonable
• (b) reasonable force
• (c) necessary

Question 5

In s.32 & s.33 PA2008 what does the terms ‘identifying particulars’ and ‘place’ refer to? (4)

Answer 5

• Biographical details (name, address, DOB)
• Photograph or visual image
• Impressions (fingerprints, palm-prints or footprints)
• Place: includes any land, building , premises or vehicle

Question 6

S.36(1) PA2008 relates to the care and protection of intoxicated people when found in two situations.

Where do they apply? (2)

Answer 6

• In a public place
• While trespassing on private property

Question 7

When an intoxicated person is detained under S.36(1)PA2008, how long can they be held for?

Answer 7

released as soon as sober no longer than 12 hours from first detained (12 hours more if doctor recommends)

Question 8

Under S.36(2)PA2008, when dealing with an intoxicated person, what must the officer reasonably believe before detaining them? (3 points)

Answer 8

• Incapable of protecting self from physical harm
• Likely to cause physical harm to others
• Likely to cause physical damage to property

Question 9

S.36(3)PA2008, before a health practitioner can recommend an intoxicated person be detained for an extended period, what must they be satisfied of? (4)

Answer 9

• Still intoxicated
• Protecting from physical harm (self & others)
• No health needs requiring attention
• Shelter or own residence not practical

Question 10

Under S.36(4)PA2008, INTOXICATED means observably affected by _______, other _____ or _________ to such a degree that their S______, B_______, C___________, or B________ is clearly impaired

Answer 10

• Alcohol
• Other drugs or substances
• Speech, balance, co-ordination or
• Behaviour

Question 11

Under S.36(4)PA2008, what is

• Not Temporary Shelter
• is Temporary Shelter

Answer 11

A place (not police) capable of providing care and protection of intoxicated person

Question 12

Where does the power to detain a person and take them into custody under S.36PA2008 come from?

Answer 12

S.31 Crimes Act 1961 “…as if the power were a power to arrest.”