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Flashcards in NZ Bill of Rights Act Deck (7)
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0
Q

What is meant by the terms:

  • Arbitrary Detention
  • Detained under any enactment
A
  • Arbitrary Detention: means to detain randomly/ randomly

- Detain under any enactment: means to detain for the purpose of exercising a statutory power.

1
Q

Summarise the 4 Sections of the NZ Bill of Rights Act that are relevant to Police.

A
  • Section 21:
    Every person should be secure against unreasonable search and seizure.
  • Section 22:
    Everyone is protected from arbitrary or random arrest.
  • Section 23:
    People Arrested or detained have rights and must be informed of those rights.
  • Section 24:
    People charged with an offence have rights and must be informed of their rights.
2
Q

What should you tell a suspect in order to avoid arbitrary detention?

A
  • You are free to leave at any time
    OR
  • You do not have to remain to answer my questions.
3
Q

When must the Section 23 Rights/Caution be given when using a specific power to search?

A
  • The Section 23 Rights/Caution must be given as soon as a person is detained under the enactment.
4
Q

What is likely to happen if you fail to give a suspect their Section 23 Rights/Caution?

A
  • Failure to give a Section 23 Rights/Caution may mean the evidence and/or statement may be inadmissible in court.
5
Q

How and when should Section 24 apply?

A
  • Inform the person of the nature of the charge.

- Give the person the opportunity to consult/ instruct a lawyer without delay and in private.

6
Q

What is the Section 23 Rights/Caution?

A
  • recite as per the notebook page.

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