Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Sgt CPK > Crimes Act 1961 > Flashcards

Crimes Act 1961 Flashcards

1
Q

Section 202A - Possession of offensive weapons or disabling substances

A

(1) OW means article made / altered for causing bod inj, or intended for such use.
(2) OW means capable of being used for causing bodily injury.
(3) DS means anaesthetising or other substance produced for use for disabling persons, or intended for such use.
(4) Everyone is liable to imprisonment for a term not exceeding 3 years–
(a) w/o lawful authority or reasonable excuse, has in any public place any OW or DS or
b) Who has poss in any place any OW or DS in circumstances that prima facie show an intention to use it to commit an offence involving bodily injury or the threat or fear of violence.
(5) It is a defence to a charge under (4)(b) if person charged proves that they did not intend to use the OW or DS to commit an offence or the threat or fear of violence.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Explain Section 39 of the Crimes Act 1961

A

Where any person is justified, or protected from criminal responsibility in making or the process of an arrest

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Explain Section 40 of the Crimes Act 1961

A

Where any person is lawfully authorised to arrest & is justified from criminal responsibility & use of force necessary to prevent escape or rescue

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Explain Section 41 of the Crimes Act 1961

A

Justified in using such force as may be necessary in order to prevent Suicide or the commission of certain offenses

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Explain Section 42 of the Crimes Act 1961

A

Preventing breach of the peace

Justified use of force (as necessary)

Can called for people to assist

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Section 315 – Arrest without warrant?

A

(a) any person whom he or she finds disturbing the public peace or committing any offence punishable by imprisonment:
(b) any person whom he or she has good cause to suspect of having committed a breach of the peace or any offence punishable by imprisonment.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Section 316 – Duty of persons arresting

A

Inform the person they are under arrest

If Police have a warrant, show the warrant to that person

Every person who has been arrested should be bought before court asap

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

If a group of demonstrators are on route to location, can they be arrested for BOP?

A

NO
There is no power to arrest for an anticipated breach of the peace.
You should look at other charges, ie obstruction

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Section 8 – Right not to be deprived of life

A

No one shall be deprived of life

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Section 9 – Right not to be subjected to torture or cruel treatment

A

Everyone has the right not to be subjected to torture or to cruel, degrading, or disproportionately severe treatment or punishment.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Section 13 - Freedom of thought, conscience and religion

A

Everyone has the right to freedom of thought, religion etc without interference

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Section 14 – Freedom of expression

A

Everyone has the right to freedom of expression including the right to seek, receive and impart opinions of any kind

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Section 15 – Manifestation of religion and belief

A

Everyone has the right to believe, worship, practice religion with others or in private

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Section 16 – Freedom of peaceful assembly

A

Everyone has the right to freedom of peaceful assembly

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Section 17 – Freedom of association

A

Everyone has the right to freedom of association

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Section 18 – Freedom of movement

A

Everyone lawfully in NZ has the right of movement & residence

Every NZ citizen has the right to leave and enter NZ

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Section 19 – Freedom from discrimination

A

Everyone has the right to freedom from discrimination (Human Rights Act 1993)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Section 20 – Rights of minorities

A

A person who belongs to an ethnic or religious minority shall not be denied the rights of others

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Section 21 – Unreasonable search and seizure

A

Everyone has the right to be secure against unreasonable s&s of person, property, or correspondence

20
Q

Section 22 - Liberty of the person

A

Everyone has the right not to be arbitrarily arrested or detained

21
Q

Section 23 - Rights of persons arrested or detained

A

Shall be informed at the time the reason

Have the right to consult a lawyer

Have the right of the validity of the arrest/detention determined without delay, and released if not lawful

Person has the right to be charged promptly and bought before court asap

Has the right to refrain from making a statement

Everyone will be treated with humanity & respect

22
Q

Section 24 - Rights of persons charged

A

Shall be informed promptly of the nature & cause of the charge

Released on reasonable t&c’s (unless continued detention is justified)

Right to consult a lawyer

Have adequate time & facilities to prepare a defence

Right to receive legal assistance

Right to a free interpreter in court if unable to understand or speak english

23
Q

Section 25 - Minimum standards of criminal procedure

A

The right to a fair & public hearing

Tried without undue delay

Presumed innocent until proven guilty

Not to be compelled

Right to present a defence at court

Right to examine the witnesses

Right to appear

If a child, the right for the age to be taken into account

24
Q

When investigating an offence and asking question of people, is it compulsory for them to answer?

A

No

25
Q

If you have sufficient evidence to charge someone, what must you do before asking questions about the offence?

A

Give them their rights

26
Q

If a person has been cautioned before they were arrested, do they need to be given their BOR’s again

A

Yes

27
Q

Can you detain a person for questioning for an enquiry?

A

No, no BOR’s need to be given

28
Q

Can a lawful search that infringes upon a person’s dignity be “unreasonably”

A

Yes

29
Q

Are unlawful searches unreasonable?

A

Yes, they will almost always be unreasonable and breach S21

29
Q

Can a suspect arrested on one offence be kept in custody while investigating another offence?

A

No, breach of BOR’s

30
Q

Can you stop a vehicle to make a general enquiry?

A

No, you can stop a vehicle to enforce Land Transport provisions or Traffic Regulations under 114

Section 9 of S&S is for stopping a vehicle for the purpose of arresting someone

31
Q

Can an arbitrary arrest lead to exclusion of evidence, release from detention or compensation?

A

Yes

32
Q

Can you question a person about statements made by others?

A

Yes, however it must be fairly explained

33
Q

What system do Police use to support operational command?

A

Police use the Coordinated Incident Management System (CIMS)

34
Q

Can CIMS only be used for Police incidents?

A

NO
It can be used to manage incidents of any scale & also involving more than one agency, or a multi agency response

35
Q

Who’s obligation is it that the subject understands their “rights”?

A

Police

36
Q

Name five times when you should give a subject their rights multiple times?

A

If the subject is stressed, confused or fatigued at the time of the arrest

Has poor understanding of English

Has a passive nature, or limited intelligence

May have difficulty hearing due to background noise

Needs an interpreter (eg of sign language or a foreign language).

37
Q

Apart from giving a suspect their rights multiple times due to a long interview…. when is another time you should give a person their rights multiple times?

A

If a serious offence is uncovered in the interview, the best practice would be to re-advise.

38
Q

Can you give a person their rights in writing?

A

Yes
There is nothing in the act that states the rights have to be given verbally verses in writing

39
Q

Can a persons admission of a offence be jeopardised if the rights were not given at the proper time?

A

Yes

40
Q

If a suspect requests to speak with a lawyer part way through an interview, will any admissions received before the lawyer spoke with the suspect be admissable?

A

This is up to the court

Best practice is to suspend the interview until the lawyer arrives.

41
Q

Can Police deny a suspect the right to privacy with a lawyer if a room is not available?

A

NO
However if there are concerns for the safety of the lawyer, then they will not be afforded privacy.

42
Q

If a suspect tries to contact their own lawyer and they cannot get hold of them, what options are available to the suspect?

A

They may try ringing one to two other lawyers

43
Q

When a suspect is given access to call a lawyer, can they ring any other person or organisation?

A

No, they can only contact a lawyer

44
Q

Does a suspect have to have a lawyer present in an interview?

A

No

45
Q

If a suspect does not like the advice they were given from a lawyer, can they try calling another lawyer?

A

No, there is no legal requirement for Police to allow the suspect to call multiple lawyers to get the answer they were hoping for

46
Q
A

Sgt CPK (24 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions