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SGT CPK 2024 > Suspects & Offenders > Flashcards

Suspects & Offenders Flashcards

1
Q

Section 39

A

Any constable effecting an arrest is justified to use the necessary force to overcome any force used in resisting arrest.

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2
Q

Section 40

A

Use of force to prevent escape

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3
Q

Section 41

A

Everyone is justified in using such force as may be reasonable necessary in order to prevent the commission of suicide or the commission of an offence likely to cause serious injury to person or property.

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4
Q

S42

A

Everyone who witnesses a breach of the peace is justified in interfering to prevent it continuing and may detain any person committing it using no more force than is reasonable necessary.

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5
Q

Section 315

A

Arrest of a person without warrant - for breach of the peace or for any imprisonable offence

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6
Q

Section 316 details the duties of a person arresting someone, that include 316(5) being that everyone who is arrested on a charge of any offence shall be brought before a court asap. What are the exceptions of this?

A

316(5A)
Released following service of summons
Released on bail
Otherwise released from custody

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7
Q

Section 8, Bill of Rights Act 1990

A

Right not to be deprived of life

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8
Q

Section 9, Bill of Rights Act 1990 - walk the line

A

Right not to be subjected to torture or cruel treatment

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9
Q

Section 13, Bill of Rights Act 1990

A

Freedom of thought, conscience and religion

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10
Q

Section 14, Bill of Rights Act 1990 -

A

Freedom of expression

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11
Q

Section 15, Bill of Rights Act 1990

A

Manifestation of religion and belief

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12
Q

Section 16, Bill of Rights Act 1990

A

Freedom of peaceful assembly

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13
Q

Section 17, Bill of Rights Act 1990

A

Freedom of association

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14
Q

Section 18, Bill of Rights Act 1990

A

Freedom of movement

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15
Q

Section 19, Bill of Rights Act 1990

A

Freedom from discrimination

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16
Q

Section 20, Bill of Rights Act 1990

A

Right of minorities

17
Q

Section 21, Bill of Rights Act 1990 - U

A

Right to be secure against unreasonable search or seizure.

18
Q

Section 22, Bill of Rights Act 1990 - A

A

Right not to be arbitrarily arrested or detained

19
Q

Section 23, Bill of Rights Act 1990 - A

A

Rights of a person arrested or detained

20
Q

Section 24, Bill of Rights Act 1990 - C

A

Rights of a person charged

21
Q

Section 25 relates to the minimum standards of criminal procedures, meaning everyone who is charged with an offence has the following rights. List these

A

Right to:
A fair and public hearing
Tried without undue delay
Presumed innocent until proven guilty
Not to be compelled as a witness or confess guilt
To be present at trial and to present a defence
Examine witnesses
To appeal

22
Q

What are the four most important rules associated with the NZBORA? QCAD

A

QUESTIONS - When you are investigating an offence you may ask questions but must not suggest it is compulsory.

CHARGE - If you have sufficient evidence to charge a person you must caution them before asking them to make a statement

ARREST - If you arrest a person you must caution the person

DETAIN - There is no power to detain a person for questioning

23
Q

What are the three primary purposes of the NZBORA? PMP

A

Protection against power of government agencies
Minimum standards for public decision making
Protection for human rights and basic freedom

24
Q

What are the specific obligations under the NZBORA to Police? UAACM S21-25

A

Protection against unreasonable search and seizure
Protection against arbitrary arrest or detention
Rights of person arrested or detained
Rights of person charged with an offence
Minimum standard of criminal procedure

25
Q

Define assembly

A

Two or more people meeting with a common goal.

26
Q

For a protestor to be offensive or disorderly their behaviour must either be?

A

Inhibiting other people from enjoying their right to use the public amenity and/or

Cause greater offence those affected can reasonably be expected to tolerate

27
Q

Define search

A

A state of intrusion into an individuals reasonable expectation of privacy

28
Q

Define seizure

A

Removing something from the possession of someone else

29
Q

Define arbitrarily

A

Unreasoned and without reasonable cause

30
Q

What considerations are given in relation to arbitrary detention? PEND

A

PEND
Purpose
Extent
Nature
Duration

Of any constraint

31
Q

Define arrest

A

A communicated intention on the part of the Police to hold a person under lawful authority

32
Q

A person is regarded as detained if

A

Physical deprivation of a persons liberty
Statutory restraints on a persons movement
Reasonable belief by conduct that they are not free to leave

33
Q

When is a defendants statement not admissible against that defendant? ROI

A

Reliability rule (S28)
Oppression Rule (S29)
Improperly obtained evidence rule (S30)

34
Q

Define Reliability in relation to a defendants statement

A

The accuracy and the soundness of the statement

35
Q

What are the exceptions of the reliability rule S28(3)

A

Statement used to prove 1Mness of suspect
Statement provided only as evidence that statement was made

36
Q

When the issue of improperly obtained evidence is raised, what must the judge do?

A

Find, on a balance of probabilities, whether or not the evidence was improperly obtained and

If the judge finds that evidence, determine whether or not the exclusion of evidence is proportionate to the impropriety

37
Q

What are some things the court may consider in relation to a decision about improperly obtained evidence?

A

R - rights breached?
N - nature of impropriety, in particular whether it was deliberate, reckless or done in bad faith
N - nature and quality of the improperly obtained evidence
S - Seriousness of the offence

38
Q

Define improperly obtained evidence as per S30(5)

A

Evidence obtained…

That is a breach of law/rule of NZBORA
In consequence of a statement made by defendant would be inadmissible
Unfairly

39
Q

What are the 5 points in practice note on police questioning 30(6) of the Evidence Act 2006. QCCFV

A

QUESTIONS - Police may ask questions of any person to assist with inquiries. However, Police must not suggest that the person must answer.

CHARGE - whenever Police have sufficient evidence to charge a person with an offence, or if Police seek to question a person in custody

CROSS-EXAMINATION - questions of a person in custody or a person with sufficient evidence to lay a charge must not amount to cross-examination

FAIRLY EXPLAINED - If statements made by others or about evidence the substance or nature of the evidence must be fairly explained.

VIDEO - suspect statements preferable are on DVD.

SGT CPK 2024 (4 decks)

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