What are the four most important rules associated with NZBORA?
- Questioning suspect, not compulsory to answer
- Sufficient to charge, must caution
- Arrest/Detain must caution even if previously cautioned
- No power to detain for questioning
What three things does the NZBORA provide for NZ citizens?
- Protection against powers of Govt Agencies
- Minimum stds for public decision making
- Protection for human rights and basic freedoms
What does recent case law state that ‘Search’ is
Conscious act of state intrusion into an individuals ‘reasonable expectation of privacy.’
What is seizure?
Removing something from the possesion of someone else
A search that would otherwise be reasonable, is unreasonable if it is carried out in an __________ __________.
…unreasonable manner.
What is the definition of an ‘arrest?’
A communicated intention by police officer to hold person under lawful authority
What is the definition of ‘detained?’ (3)
- physical derivation of liberty
- statutory restraint on movement
- belief: not free to leave
If a suspect is eligible for bail, you must bail them…….
…as soon as practicable
s.23 What are the rights of an arrested person? (7)
- reason for arrest at time of arrest
- consult & instruct lawyer (advised of that right)
- Court validation court for arrest and detention
- Charged promptly or released
- to court asap
- refrain from statement (advised of that right)
- treated with humanity & respect
What do s.21 and s.22 of the BORANZ protect against?
- s.21: Unreasonable search and seizure
- s.22: Abitary arrest and detainment
That are the two exceptions for officers not having to immediately give BORs to an arrested or detained person?
- Safety is threatened
- Time is of the essence (delay would cause danger to others)
Consult & Instruct
What was decided in the case: MOT v Noort and Police v Curran?
The detainer is required to refrain from attemping to gain evidence until the detainee has had a resonable opportunity to consult and instruct a lawyer
What are the three point to remember in regards to a suspects waiving of their right to a lawyer?
- that is is done in an unequivocal manner
- that it is done clearly with full knowledge of that right (R v Biddle)
- That it is a conscious choice, informed and voluntary. Not implied from failure to request or scilence (Police v Kohler)
Consult & Instruct
What was decided in the case: R v Ormsby?
Clue: Questioning of suspect after consulting with solicitor
That although the suspect has recieved advise to remain silent, there is nothing to stop police continuing to question suspect if they continue to answer.
