5. Managing suspects and offenders

Question 1

What are the sections of the crimes act for use of force

Answer 1

S39 - force used in executing an arrest
S40 - preventing escape or rescue
S41 - prevention of suicide or certain offences
S42 - preventing breach of the peace - cannot arrest for an anticipated breach, if the persons concerned fail to follow instruction arrest for obstruction.

Question 2

What are the four rules associated with the NZBORA?

Answer 2

1. when you are investigating an offence and you locate suspects or other people you think may provide useful information, you may ask questions but must not suggest that it is compulsory to answer.
2. If you want to question someone and you have sufficient evidence to charge them, you must caution them before they make a statement.
3. if you have arrested/detained a person you must caution them.
4. there is no power to detain for questioning.

Question 3

What are the specific obligations on Police re NZBORA?

Answer 3

S21 - protection against unreasonable search and seizure
S22 - protection against arbitrary arrest and detention
S23 - rights of person arrested/detained
S24 - rights of persons charged with an offence
S25 - minimum standards of criminal procedure

Question 4

What are the other sections of the NZBORA that we should be aware of?

Answer 4

S9 - right not to be subjected to torture or cruel treatment
S14 - freedom of expression
S16 - freedom of peaceful assembly
S18 - freedom of movement

Question 5

What are the three rules (exclusions) that make a defendant’s statement not admissable

Answer 5

the reliability rule (28)
the oppression rule (29)
the improperly obtained evidence rule (30)