5. Managing suspects and offenders CASE LAW

Question 1

Attorney-General v Reid HC - arrest for anticipated breach of the peace,

Answer 1

These cases affirm that there is no power to arrest for an anticipated breach of the peace. The proper procedure where a breach is anticipated and the persons concerned fail to desist is to arrest for obstruction.

Question 2

Phillips v R (2017) NZHC 1551 – Voluntary statements inadmissible if not recorded ‘fairly’

Answer 2

He then retracted his statements and began giving an alternative account.
The officer paraphrased the original statement in his notebook but did not record the subsequent retraction or alternative story. These notes were not shown to P, he was not given the opportunity to sign any part of the notebook, nor was he invited to correct any errors or amend the statement.

rule 5 STATES IF SUFFICIENT EVIDENCE THEN VIDEO INTERVIEW SHOULD BE FIRST