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Flashcards in Managing Suspects Deck (21)
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1
Q

Everyone charged with an offence has the right to

A
  • the right to consult and instruct a lawyer
  • the right to adequate time and facilities to prepare a defence
  • informed promptly and in detail of the nature of the investigation
2
Q

When is a statement made by a defendant NOT admissible against the defendant?

A

Section 28 - the reliability rule
Section 29 - the oppression rule
Section 30 - the improperly obtained evidence rule

3
Q

Is evidence offered by the prosecution of a statement made by a co defendant in a proceeding admissible?

A

No

4
Q

What would constitute an unlawful peaceful assembly?

A

It would require serious and aggressive effect on people or property

5
Q

What relevant matters must a judge take into account when excluding a statement?

A
  • Any clear pertinent physical, mental or psychological condition of the defendant
  • Any pertinent characteristics of the defendant including mental, intellectual or physical disability
  • Nature of questions
  • Nature of any threat, promise or representation made to the defendant
6
Q

If a person has been told to remain silent by a lawyer, does this prohibit police from asking other questions of that person?

A

No - there is no prohibition on further questioning by the police after the right to silence has been asserted.

7
Q

What is a statement?

A

A statement is a spoken or written assertion of any matter or non verbal conduct that is intended as an assertion of any matter.

8
Q

What does oppression mean - evidence act 2006 - section 29 - the oppression rule

A

Oppressive, violent, inhuman or degrading conduct towards or treatment of the defendant or another person OR a threat of conduct or treatement of that kind

9
Q

Section 16 - freedom of peaceful assembly refers to what?

A

Everyone has the right to freedom of peaceful assembly.

10
Q

Section 14 - freedom of expression

A

Everyone has the right to freedom of expression including the freedom to speak, receive and impart information and opinions of any kind and in any form

11
Q

Section 21 - right to secure against unreasonable search or seizure

A

Under section 21 everyone has the right to be secure against unreasonable search and seizure whether of the person, property or correspondence or otherwise.

Generally a search or seizure will be reasonable if it is conducted under a statutory power and the public interest in administering criminal justice outweighs the individuals right to privacy.

12
Q

Section 25 (BOR) - what are the rights of a person charged with an offence?

A

The right to:

(a) fair and public hearing impartial court
(b) tried without undue delay
(c) presumed innocent until proved guilty according to law
(d) not to be compelled to be a witness or confess guilt
(e) to be present at trial and present a defence
(f) examine prosecution witnesses and to obtain the attendance and examination of witnesses for the defence under the same conditions of the prosecutor
(g) benefit to the lower penalty
(h) appeal to a high court
(i) if a child, dealt with in a manner that takes into account the childs age

13
Q

Section 29 - when must a judge exclude a statement influenced by oppression?

A

The judge MUST exclude the statement unless satisfied beyond reasonable doubt that the statement was NOT influenced by oppression.

14
Q

Section 18 - BOR - freedom of movement

A

(1) everyone lawfully in NZ has the right to freedom of movement and residence in NZ
(2) every NZ citizen had the right to enter NZ
(3) everyone has the right to leave NZ
(4) no one who is not a NZ citizen and who is lawfully in NZ shall be required to leave NZ except under a decision taken on grounds prescribed by law

15
Q

What is an unreasonable search?

A

If the circumstances give rise to make the search itself unreasonable or if the search is carried out in a unreasonable manner.

Unlawful searches will almost always be unreasonable.

16
Q

Who must the BOR caution be given to?

A
  • adults who are arrested/detained or where police want to question an adult where there is sufficient evidence to charge that person with an offence
  • children/YP when detained/arrested and in accordance with section 215 of the OT act before questioning a child/YP when there are reasonable grounds to suspect them of of having committed an offence or before asking any child/YP any question intended to obtain an admission of an offence.
17
Q

If during the interview a detainee asks to speak to a lawyer what should you do?

A

Stop the interview until they have contacted a lawyer.

18
Q

What is the threshold for demonstrations behaviour to be an offence or breach of the peace?

A

The behaviour must enter substantially inhibit other people from enjoying their right to us the public amenity or cause greater offence than those affected can be expected to tolerate to the extent that it is seriously disruptive of public order.

19
Q

Can a person waive their right to consult a lawyer?

A

Yes provided that this is done clearly and with full knowledge of that right. A valid waiver requires a conscious choice that is both informed and voluntary and if CANNOT be implied from silence or failure to request their rights.

20
Q

Section 28 - when must a judge exclude an unreliable statement

A

The judge must exclude the statement unless satisfied on the balance of probabilities that the circumstances in which the statement was made were not likely to have adversely affected its reliability.

21
Q

Section 202A (5) - what is a defence to possession of offensive weapons or disabling substances?

A

It is a defence if the person charged proves that he did NOT intend to use the offensive weapon/disabling substance to commit an offence including bodily injury or the threat or fear of violence.