5. Managing Suspects & Offenders Flashcards
S39 Using force to arrest
Unless the arrest made by reasonable means and a less violent manner
- Doesn’t apply when force used as intended to cause death or GBH
S40 preventing escape or rescue
Unless the escape or rescue can be prevented by reasonable means and a less violent manner
- It doesn’t apply with force used, intended or likely to cause death or GBH
What is s41
Prevention of suicide or An offence lightly to cause immediate serious injury to person or property
S42
Preventing breach of the peace (not an offence but carries power of arrest -Obstruction)
S315 and s316?
Arrest without warrant and duty of persons arresting to advise them what they’ve been arrested for
S8- s20
Freedom of …. Nz Bill of rights 1990
S21-25
S21
- unreasonable search and seizure
S22
- Right not to be arbitrarily arrested or detained
S23
- Rights of person arrested or detained
S24
- Rights of person charged
S25
- Minimum standards of criminal procedure
NZ Bill of rights applies only to who?
- acts done by the legislative, Executive or judicial branches of government
- The performance of any public function, power or duty pursuant to the law
Demonstrations, Behaviour offences and breach of the peace must reach what for Police to intervene?
To reach the threshold of offensive or disorderly behaviour, Protesters must either
- Substantially inhibit other people from enjoying their right to use the public amenity and or
- Cause greater offence than those affected can reasonably be expected to tolerate, To the extent that it is seriously disruptive of public order
With demonstrations, what should Police consider?
- Does the behaviour express a view on a matter of public interest?
- Does the behaviour intrude on the rights of others in a public space
- does this intrusion go beyond what a reasonable person could be expected to tolerate?
- Does The behaviour pose actual risk of public disorder or real risk of violence occurring
- Does the behaviour warrant the intervention of the criminal justice
What is a search?
Requires a conscious act of state intrusion into an individuals reasonable expectation of privacy as opposed to a mere observation
What is a seizure?
Removing something from the possession of someone else
- An item generated by exercising a search or surveillance power e.g. a photograph is not a seizure
What is an unreasonable search?
A Lawful search that infringes upon a persons dignity can be an unreasonable search
Is electronic surveillance considered a search?
Yes GPS data that tracks an individuals movements constitutes a search and seizure.
Arbitrarily mean?
Capricious, Unreasoned and without reasonable cause
What does detained mean?
- Physical deprivation of a persons liberty
- There are statutory restraints on a persons movements
- They have a reasonably held belief induced by police conduct that they are not free to leave.
Eg formally arrested, Handcuffed, Locked in a room or building and a cannot leave voluntarily And placed in the police vehicle against their well