Offenders, Evidence and Children, Young Persons and Their Families Act Flashcards Preview

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Flashcards in Offenders, Evidence and Children, Young Persons and Their Families Act Deck (75)
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1

What does Section 21 of the Bill of Rights Act state?

Every person should be secure against unreasonable search and seizure of their person, property or correspondence.

2

What constitutes a breach of Section 21 of the Bill of Rights Act?

An unreasonable search, conducted in excess of powers, in an unreasonable manner or in bad faith.

3

How would you ensure that you comply with Section 21 of the Bill of Rights Act?

Obtain informed consent to search the suspect. If no consent is given and the search is unreasonable, then it is also unlawful.

4

What does Section 22 of the Bill of Rights Act state?

Everyone has the right not to be arbitrarily arrested or detained.

5

What would you say to a suspect that is NOT under arrest or being detained, to ensure that you are not breaching Section 22 of the Bill of Rights Act?

"You are free to leave at any time" and "You do not have to remain to answer any questions"

6

What does Section 23 of the Bill of Rights Act state?

Everyone who is arrested or detained under any enactment shall be informed at the time of arrest or detention the reason for it (Section 23(1)(a)), have the right to consult and instruct a lawyer without delay and in private and be informed of that right, and have the right to refrain from making a statement and be informed of that right (Section 23(4)).

7

How would you ensure compliance with Section 23 of the Bill of Rights Act?

When arresting/detaining a suspect, say:
You are under arrest for ..... .
You have the right to remain silent.
You do not have to make any statement.
Anything you say will be recorded and may be given in evidence in court.
You have the right to speak to a lawyer without delay and in private before deciding whether to answer any questions.
Police have a list of lawyers you may speak to for free.
Do you understand?

8

What does Section 24 of the Bill of Rights Act state?

Every person charged with an offence shall be informed promptly and in detail of the nature and cause of the charge, and shall have the right to consult and instruct a lawyer without delay and in private as soon as practicable.

9

In practice, how do police ensure that Section 24 of the Bill of Rights is complied with?

By giving the caution/rights as per Section 23 again, when informing the person of the charge against them.

10

What must you do when executing a specific power of search?

Inform the suspect that they are being detained to be searched, and give them the caution/rights as per Section 23 of the Bill of Rights Act.

11

What are 4 possible consequences of breaching the New Zealand Bill of Rights, Evidence Act and Practice Note on Police Questioning?

Evidence may be disallowed, case may be dismissed, could cause officer's credibility to be doubted, could result in adverse publicity, legal criticism, formal complaints.

12

What does Practice Note 1 state?

A police officer can question anyone, but they do not have to answer.

13

What is an exception to Practice Note 1?

Where the law states that a person is compelled to give details, such as at a traffic stop.

14

What does Practice Note 2 state?

Whenever a member of the police: (a) has enough evidence to charge a person with an offence or (b) seeks to question a person in custody, the person must be cautioned before being invited to make a statement or answer questions.

15

What does Practice Note 3 state?

Questions of a person in custody of in respect of whom there is sufficient evidence to file a charging document, must not amount to cross-examination.

16

What constitutes cross-examination??

Literally "cross" examination - scaring someone into a confession. Also questioning someone that has stated that they do not wish to make a statement. You CAN however tell a person of the allegation against them.

17

What does Practice Note 4 state, and what does it mean?

Whenever a person is questioned about statements made by others or about other evidence, the substance of the statements or the nature of the evidence must be fairly explained. This means you can give someone A COPY of a statement made against them.

18

What does Practice Note 5 state?

Any statement made by a person in custody or in respect of whom there is sufficient evidence to charge should preferably be recorded by video recording unless that is impractical or unless the person declines to be recorded by video. Where the statement is not recorded by video, it must be recorded permanently on the audio tape or in writing. The person making the statement must be given an opportunity to review the tape or written statement or to have the written statement read over. Given an opportunity to correct any errors or add anything further. Where the statement is recorded in writing, the person must be asked if he or she wishes to confirm the written record as correct by signing it.

19

What should be done with a statement to ensure Note 5 is followed?

Any changes, mistakes or alterations should be initialled. At the end of the statement the person should write, in their own handwriting, "I have read this statement and it is true and correct". Each page should be signed by the maker and the statement as a whole should be endorsed by the officer.

20

What three things must any arrest contain?

"You are under arrest for..."

Formal Touch OR Agreement of submission.

21

What are your powers of arrest under Section 315(2)(a) of the Crimes Act?

Any person you FIND disturbing the peace or committing an offence punishable by imprisonment, may be arrested.

22

What are your powers of arrest under Section 315(2)(b) of the Crimes Act?

Any person that you have Good Cause to Suspect has committed a breach of the peace or committed an offence punishable by imprisonment.

23

What are your powers of arrest under Section 39(1) of the Summary Offences Act?

Any person you have Good Cause to Suspect has committed an offence against the Summary Offences Act EXCEPT Sections 17-20, 25, 32-38.

24

What are your powers of arrest under Section 39(2) of the Summary Offences Act?

Any person you SEE committing an offence against Sections 17-20, 25, 32-38 of the act AND refuses to give their details.

25

How does Section 39 of the Crimes Act justify use of force?

To make an arrest.

26

How does Section 40 of the Crimes Act justify use of force?

To prevent absconding to avoid of arrest or escape after arrest.

27

How does Section 41 of the Crimes Act justify use of force?

To prevent suicide, or prevent an offence happening RIGHT NOW that would cause serious damage to a person or property.

28

How does Section 42 of the Crimes Act justify use of force?

Enables ANYONE to stop a breach of the peace.

29

How does Section 48 of the Crimes Act justify use of force?

Self defence, or the defence of another.

30

How does Section 62 of the Crimes Act apply to the use of force?

Anyone authorised to use force is criminally responsible for any excess used.

31

How does Section 32 of the Policing Act justify the use of force?

On a person detained for an offence, to gain identifying particulars in custody.

32

How does Section 33 of the Policing Act justify the use of force?

On persons who will receive a summons, to gain identifying particulars.

33

What is the acronym to remember with searches under the Search and Surveillance Act that pertain to persons?

RAN - you must provide the Reason for the search, the Act it is under and your own Name.

34

What is the acronym to remember with searches under the Search and Surveillance Act that pertain to places/vehicles/other things?

RAIN - you must give the Reason for the search, the Act it is under, your Intent and your Name.

35

What are the sections of the Search and Surveillance Act that pertain to searches performed on persons?

125 is the rules pertaining to persons. Sections 85, 88 and 11 give Police the rights to search. Section 13 is the rules pertaining to property taken during the course of a section 11 search.

36

What are the sections of the Search and Surveillance Act that pertain to searches performed in places/vehicles?

131 is the rules pertaining to places/vehicles. 110(c) pertains to force used inside the property. (d) pertains to the seizure of the search subject and anything else that may be lawfully seized. 7 allows entry to arrest someone unlawfully at large. 8 allows entry without warrant to avoid offender loss or Concealed Altered Damaged or Destroyed evidence.

37

What Section of the Search and Surveillance Act pertains to the submission of an online report?

Section 169.

38

Give two examples of sections of the Search and Surveillance Act that, when used, require a report to be submitted.

Section 7 - Entry without warrant to arrest person unlawfully at large

Section 8 - Entry without warrant to avoid loss of offender or evidential material.

39

Under what conditions does a Section 169 report NOT have to be submitted?

Section 85, 88 and 11 person searches, consensual searches, and when a power of entry that is not also a power of search has been exercised.

40

What does section 125 of the Search and Surveillance Act state?

Rules around searching persons - RAN

41

What does section 131 of the Search and Surveillance Act state?

Rules around searching places, vehicles or other things - RAIN

42

Which section is the justification to use reasonable force to enter a place or vehicle found?

Section 131(3)

43

Which section is the justification to use force on property once within and searching found?

Section 110(c)

44

Which section is the justification to seize the subject of the search and any other material that constitutes an offence found?

Section 110(d)

45

What does Section 7 of the Search and Surveillance Act state?

That you may enter without a warrant and search for a person unlawfully at large.

46

What does Section 8 of the Search and Surveillance Act state?

You may enter without a warrant to avoid loss of offender or evidential material.

47

What does Section 85 of the Search and Surveillance Act state?

You may conduct a rub down search of a person arrested and detained to ensure the person is not carrying anything that could harm any person or facilitate the persons escape.

48

What does Section 88 of the Search and Surveillance Act state?

You may conduct a search of a person arrested or detained to ensure the person is not carrying anything that could harm any person, facilitate the persons escape OR is evidential material relating to the offence for which the person is arrested/detained.

49

What does Section 11 of the Search and Surveillance Act state?

That a warrantless search may be conducted of a person who is or is to be locked up in Police custody.

50

What does Section 13 of the Search and Surveillance Act state?

Any property taken from a person under Section 11 must be returned upon that person's release unless that property is needed as evidence or the possession of which constitutes an offence.

51

What are the four methods used to identify suspects?

Formal visual identification, fingerprints, forensics and voice identification.

52

What is best practice for identifying a suspect?

Formal visual identification.

53

What is the acronym that states the requirements for formal visual identification?

MORPAIN -
Montage (that must be the setup)
Others (must be total of 8)
Record (must be written record of procedure)
Procedure (must follow regulations)
ASAP (after complaint made)
Inclusion (must be told suspect may/may not be)
No indication (as to ID of suspect)

54

What is the acronym that states the six good reasons to to follow formal visual identification procedure?

RSA CSI
Refusal (by the suspect)
Singular appearance (face tattoos etc)
Appearance change (after offence committed)
Chance meeting (ID made to police soon after)
Soon (ID made to police soon after offence)
ID (police could not anticipate it would be an issue)

55

What is the acronym that must be applied to INFORMAL visual ID in order to make it fair and therefore admissible?

SAVE -
Social grouping
Appearance
Venue
Ethnicity

56

What does section 83 of the search and surveillance act state?

After arresting a person, you may enter a place without warrant to prevent CADD occurring to evidence pertaining to the offence for which the person was arrested.

57

What does section 84 of the search and surveillance act state?

After arresting a person, you may enter a vehicle without warrant to obtain evidence pertaining to that offence, if you have reasonable grounds to believe it is in or on the vehicle.

58

What does section 15 of the search and surveillance act state?

You may enter and search a place without warrant if you have RGTS that an offence punishable by 14+ years imprisonment has/is/is about to occur, to prevent CADD of evidential material in that place.

59

What does section 16 of the search and surveillance act state?

You may search any person in a public place if you have reasonable grounds to believe that person has evidence pertaining to an offence punishable by 14+ years imprisonment on them.

60

What does section 17 of the search and surveillance act state?

You may search any vehicle in a public place, without warrant, if you believe there is evidential material pertaining to an offence punishable by 14+ years imprisonment in or on that vehicle.

61

What does section 27 of the search and surveillance act state?

You have the power to search any person in a public place if you have RGTS that person is in possession of a knife, offensive weapon or disabling substance.

62

What does section 28 of the search and surveillance act state?

You have the power to search a vehicle in a public place if you have RGTS that vehicle contains a knife, offensive weapon or disabling substance, or that any person travelling in it or who has alighted from it is committing an offence against S202(4)(a) of the crimes act (possession of an offensive weapon).

63

What does section 14 of the CYPF act state?

CYPs in need of care/protection: AUDO.
Abuse/neglect - CYP is likely to be S/E/P abused or neglected.
Unwilling/unable to control CYP (guardian).
Differences between the CYP and guardian serious enough to affect well being
Offending by a CHILD (10-14) to such an extent there is concern for their well being.

64

What does section 42 of the CYPF act state?

"42 - in the poo"
Any member of police who believes on reasonable grounds that it is critically necessary to protect a child or young person from injury or death, may enter and search (by force if necessary) any premises or place and remove or detain (by force if necessary) the CYP, and place the child or young person in the custody of the CYFS.

65

What does section 39 of the CYPF act state?

"39 - just in time"
Any person authorised by warrant under this section to search for a CYP may enter and search (by force if necessary) any premises or place if they believe on reasonable grounds that the CYP has suffered or is likely to suffer serious neglect, ill treatment, abuse, serious deprivation or serious harm, and remove or detain (using force if necessary) the CYP and place them in the custody of CYFS

66

What does section 48 of the CYPF act state?

"48 - kids out late"
Where a CYP is found by police unaccompanied in a situation in which their physical or mental health is being or is likely to be impaired, a member of the police may take the CYP (using force if necessary) with their consent deliver them into the custody of parent/guardian/other person, if no consent is given or caregivers are unwilling to take them, place the CYP in the custody of CYPFS.

67

What does section 10B of the summary offences act state in relation to CYPs?

Guardians of children under 14 may not leave them without making suitable provisions for their supervision and care, for an unreasonable time or under conditions that are unreasonable given regard to the circumstances.

68

What is the definition of a child or young person under the CYPF act?

Child = under 14
Young person = over 14 but under 17, does not include anyone who is or has been married.

69

What does section 272 of the CYPF act state?

The age of criminal responsibility: 10+ Murder/manslaughter, 12-13 offences punishable by 14+ years imprisonment, 12-13 w/ previous offence as above - offences punishable by 10+ years imprisonment.

70

What does section 8 of the CYPF act state?

Police responsibilities to parents.

71

What does section 9 of the CYPF act state?

People's rights to receive information in a language they understand.

72

What does section 215 of the CYPF act state?

SADBAD: when a CYP must be given their rights.
Suspect they have committed an offence
Asking for their rights
During questioning, you form RGTS they have committed an offence
Before asking questions to determine if they've committed an offence (before)
Arresting CYP
Decide to charge the CYP.

73

Under what circumstances is a CYP statement admissible?

When they are told of their right to have a lawyer/nominated person when they're being interviewed, and that police have a list of lawyers they may speak to for free.

74

What does section 214 of the CYPF act state?

Police powerful of arrest for CYPs - WEEP
Witness interference
Ensure court appearance
Evidential material - interference
Prevent further offending
EXCEPTIONS - cat 4 offence, public interest, EBA.
Also must report arrest within 3 days.

75

What acronym is used to describe persons who police do not have to accept as nominated persons?

JULET:
Justice (pervert the course of)
Under 20
Location (unable to be located)
Enforcement officer
Time (unavailable w/in reasonable time period)